Case law

West Coast Self-storage Group, Llc V. State Of Wa, Dept. Of Revenue

Court of Appeals of Washington · Sep 2, 2025

The dictionary defines the word “directly” as meaning in a “direct manner” or “directly relevant” and the word “relate” as including to “to show or establish logical or causal connection between.” … Accordingly, only activities that are relevant and logically connected to construction qualify as directly related to construction.

Darla K. Dehlin v. Forget Me Not Animal Shelter

Court of Appeals of Washington · Oct 19, 2017

Dehlin failed to establish a prima facie case of civil conspiracy by clear, cogent, and convincing evidence. … Moreover, the fact that one of the claims was barred by a statute of limitations and two others were clearly barred as a matter of law indicates counsel did not reasonably investigate before filing the complaint.

Marriage Of: Donna L. Tupper (nka Hagar) v. Michael L. Tupper

15 Wash. App. 2d 796 · Court of Appeals of Washington · Dec 29, 2020

Accordingly, under Howell, state courts may now divide military retirement pay only to the extent that it qualifies as disposable retired pay, as defined in 10 U.S.C. § 1408(a)(4)(A), and may not enter orders that “displace … Mere delay, lapse of time, and acquiescence are insufficient to establish laches. Rutter, 59 Wn.2d at 785.

In Re The Guardianship Of Carolyn K. Plotke

Court of Appeals of Washington · Sep 4, 2013

Carolyn agreed to transfer all her assets into Leo's name, thus qualifying her for Medicaid. … The superior court's oral ruling clearly states that it reserved its ruling on attorney fees for another time.

State v. Witherspoon

171 Wash. App. 271 · Court of Appeals of Washington · Oct 16, 2012

A punishment is grossly disproportionate if it is clearly arbitrary and shocking to the sense of justice. State v. Smith, 93 Wn.2d 329, 344-45 , 610 P.2d 869 , cert. denied, 449 U.S. 873 (1980). … Our Supreme Court noted this was merely a typographical error or the prosecutor misspoke, but given the context, the State clearly meant the evidence showed Russell’s “lustful disposition.”

Associated General Contractors Of Washington, V. Jay Inslee

Court of Appeals of Washington · Apr 18, 2023

Because RCW 39.12.015(3) clearly references other provisions, it need not set forth the amended sections at full length. … And, contrary to the State’s argument, there is no qualifying language within RCW 39.12.026(1), such as “when conducting wage surveys,” which would clarify an intention to exclude the one-county limitation found in RCW

In Re The Dependency Of: G.g., Jr., Itzel Salazar-jiminez v. Dshs

Court of Appeals of Washington · Feb 9, 2015

understandably offered or provided, (4) there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future, and (5) that continuation of the parent and child relationship clearly … White that her attorney arranged for the mother to attend CBT with a qualified therapist.

State Of Washington v. Carlos Avalos

Court of Appeals of Washington · Dec 12, 2017

But clearly we’re not expecting to be stabbed or— Q Okay. So you said that corrections officers rely on their—their authority to maintain—to keep the peace. … even presuming that DeMars’s testimony was improper 6 No. 48873-6-II opinion testimony, Avalos has not shown that the potential error was sufficiently prejudicial to qualify

Craig & Kelly Turner v. Gordon Baldwin

Court of Appeals of Washington · Oct 13, 2020

We will overturn the Board’s decision if it is clearly erroneous based on the entire record. Cornelius, 182 Wn.2d at 585. … Thus, to qualify for a conditional use permit for the boathouse, the Turners’ proposed boathouse must be a water dependent accessory use and it cannot unduly impair views from surrounding properties.

Guardianship Of Shr., Anjuli Hammond v. Dshs, State Of Washington

Court of Appeals of Washington · Mar 27, 2017

This is so, she asserts, because Charles, the Lummi Nation's caseworker assigned to this matter, was not a qualified expert witness. … .§ 1912(e), a guardianship cannot be established for an Indian child "in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued

Nw Product, / X-res. v. Homax Products Inc., / X-app.

Court of Appeals of Washington · Mar 11, 2013

The complaint also does not establish unequal bargaining power. … Homax filed a motion in limine arguing that Cameron was not qualified to testify as to lost profit damages for the Jaws Clip, and his testimony was speculative.

State v. Williams

156 Wash. App. 482 · Court of Appeals of Washington · Jun 15, 2010

And we have well-established criteria in Washington for deciding whether the prohibition against double jeopardy has been violated. … And he has a point: "[T]he merger doctrine is a rule of statutory construction which only applies where the Legislature has clearly indicated that in order to prove a particular degree of crime ( e.g., first degree rape)

In Re The Dependency Of K.v.

Court of Appeals of Washington · Dec 2, 2024

As a result of the evaluation, K.V. automatically qualified for speech therapy, occupational therapy, and specialized instruction in adaptive self-help and social- emotional skills. … The definitions under the disposition statute RCW 13.34.030 apply to the chapter that the statute sits within “unless the context clearly requires otherwise.”

State Of Washington, V Jamason Christopher Tedder

Court of Appeals of Washington · Jun 28, 2016

Here, as evidenced by his numerous involuntary hospitalizations and treatment in mental health court, Tedder clearly suffers from a mental health condition as defined under RCW 9.94A.777. … “A statement qualifies as an excited utterance if (1) a startling event occurred, (2) the declarant made the statement while under the stress or excitement of the event, and (3) the statement relates to the event.”

Saleh Elgiadi v. Washington State University

Court of Appeals of Washington · Nov 8, 2022

Here, the objective manifestations of the parties establish that settlement was dependent upon the no-hire provision. … The statute contains no qualifier for former employees.

In the Matter of the Parentage of: A.W.

Court of Appeals of Washington · Jan 20, 2022

In C.M.F., the father’s parentage was established by a final parentage order that clearly designated the mother as the child’s custodian, subject to either party pursuing a … Warner’s parentage was established through an acknowledgement of parentage instead. See CP at 150. We have no reason to believe that such an acknowledgment would qualify as a custody decree.

Virgil D. Redwine & Tera D. Redwine v. Jerry Lee Redwine

Court of Appeals of Washington · Mar 23, 2023

He asserted it was “mandatory” that the case proceed to a trial by jury and, by denying him a trial by jury, the superior court judge had “waived immunity to a personal lawsuit for liability and damages.” CP at 76. … The rights established in the first action would be entirely reversed if Jerry prevailed in the second action. The second, third, and fourth considerations are also met.

Phillip John Casali v. State of Washington

Court of Appeals of Washington · Aug 1, 2024

Phillip John Casali argued before the superior court that the venue requirement of the former RCW 9.41.040(4)(b) (2022) breached the Privileges and Immunities Clause of Article IV of the U.S. … This reasoning establishes that the notice requirement of RCW 7.24.110 applies when one brings an action for declaratory relief and the trial court treats the action as such. In Kendall v.

In the Matter of the Personal Restraint of: Mark Aaron Moen

Court of Appeals of Washington · Nov 17, 2022

Phelps established in questioning Ms. … Restraint of Moen “reassurance to [a] nervous daughter qualifies as vouching, much less improper vouching,” or that it was prejudicial. Id. The argument was made that Mr. Phelps should have objected when Ms.

In re the Marriage of: Norman D. Leslie and Janelle L. Leslie

Court of Appeals of Washington · Apr 30, 2013

establish the parents' responsibilities, and to minimize the child's exposure to harmful parental conflict. … Substantial evidence established the statutory criteria for sole decision making relied upon by the court..