Case law

David Hancock, App./x-resp. V. Ardent Law Group, Pllc, Resps./x-apps.

Court of Appeals of Washington · Apr 10, 2023

Under RCW 4.24.510, a person who communicates a complaint or information to any branch of government is immune from civil liability for claims based on the communication. … Weinstein asserted statutory -25- No. 82756-1-I/26 immunity as a defense.

State Of Washington, V. Karen L. Fjerstad

Court of Appeals of Washington · Aug 4, 2025

Hunter is referenced here to establish the procedural fact of its decision alongside our published opinion in Peterson and the instant case. … Further, the trial court’s order entered here, nearly identical to those under review in Peterson and Hunter, is appealable as it qualifies as a final decision under RAP 2.2(b)(1). See id. at 6-7.

Ives v. Ramsden

174 P.3d 1231 · Court of Appeals of Washington · Jan 2, 2008

The statute of limitations is an affirmative defense, and the burden is on the party asserting it, here Ramsden, to prove the facts that establish it. Rivas v. … Clearly, our legislature decided that private individuals can sue investment brokers under some provisions of the Securities Act, but cannot sue for violations of the suitability rule.

Christine Crabtree, V. Donald Crabtree

Court of Appeals of Washington · Jun 9, 2025

A pledge not to engage in physical discipline doesn’t force him to change his beliefs or what he says about them, but it clearly would be significant in reminding him that the courts have previously … The court also ordered reunification counseling “with a qualified therapist or counselor.” Donald timely appealed.

Ives v. Ramsden

142 Wash. App. 369 · Court of Appeals of Washington · Jan 2, 2008

We agree with the Ives estate. ¶23 It is well established that a party to an arbitration clause may waive its enforcement. Finney v. *383 Farmers Ins. Co. of Wash., 21 Wn. … Clearly, our legislature decided that private individuals can sue investment brokers under some provisions of the Securities Act but cannot sue for violations of the suitability rule.

State Of Washington, Respondent/cr-appellant v. Stephen August Haff, Appellant/cr-respondent

Court of Appeals of Washington · Feb 23, 2015

Moreover, as noted above, the statutory definition of "financial institution" includes any branch of a qualifying bank; it is not limited based on the type of space the branch occupies. … Rather, the court immunized its decision from federal review by stating: Our decision rests on an interpretation of both the state and federal constitutions.

Stephen Kerr Eugster v. Paula C. Littlewood

Court of Appeals of Washington · Oct 5, 2020

Nevada, 686 F.2d 749, 750 (9th Cir. 1982) (state bar association immune from suit in federal court under eleventh amendment); Hirsh v. … The court abuses its discretion in denying fees when governing law clearly demonstrates the plaintiff's claims were invalid. Kearney, 95 Wn. App. at 416.

Meela Pribic v. Michael Erickson

Court of Appeals of Washington · Mar 15, 2021

But Section 14.6 of the agreed parenting plan clearly and unequivocally requires Pribic to move out of her parents’ residence by August 2019, not at her convenience. … The evidence established that she was not attending school full-time.

Raymond Budd & Vickie Budd, V. Kaiser Gypsum Co., Inc.

21 Wash. App. 2d 56 · Court of Appeals of Washington · Feb 22, 2022

Holstein was not qualified to offer such testimony but failed to object on this ground. See Mut. of Enumclaw Ins. Co. v. Day, 197 Wn. … Budd clearly and consistently identified the product he used as Kaiser’s.

State Of Washington v. Yussuf Hussein Abdulle

Court of Appeals of Washington · Apr 25, 2016

And this is clearly an area where I think most jurors have very limited, if no information or experience. … Expert testimony is admissible under ER 702 if the witness is qualified as an expert and if the testimony is helpful to the jury. State v. Groth. 163 Wn.

Davis v. Davis Wright Tremaine, LLP

14 P.3d 146 · Court of Appeals of Washington · Dec 11, 2000

The analytical shortcoming of such a desire to categorize causes of action manifests itself most clearly in an action for legal malpractice. … The argument is contrary to the well-established rule that an action accrues as soon as the plaintiff knows the facts supporting all elements of his action. Dr.

In Re The Detention Of: Robert Hegwald

Court of Appeals of Washington · Jun 18, 2018

The panel reviews a trial court's probable cause determination de novo.2 "Once an individual has been committed, he is entitled to a written annual review by a qualified professional to ensure that he continues to meet … Therefore, ongoing treatment at the SCC is clearly not in his best interests as his treatment plan contains goals he can never attain."). 6 No. 75469-6-1/7 The State

Personal Restraint Petition Of Alex Lopez Leon

Court of Appeals of Washington · Feb 18, 2026

Defense counsel clearly highlighted Lopez Leon’s youth at sentencing. … On this point, the State contends that Houston-Sconiers is clearly limited to juveniles.

State Of Washington, V. David Michael Rohrer

Court of Appeals of Washington · Mar 25, 2024

Here, the trial judge clearly instructed the jurors that they were “not to consider the filing of the information or its contents as proof of the matters charged.” … Nor does Rohrer establish prejudice.

State of Washington v. Joseph Mario Zamora

Court of Appeals of Washington · Jun 8, 2021

Clearly, since the jury in each of those cases was hearing prosecution of the assault, defense counsel either never moved to suppress evidence of the assault or, if it did, it lost the motion and did not challenge denial … [T]he Garrity warning includes that the statements being made under immunity from prosecution, basically use immunity, that they are required to make the statement for purposes of the investigation into their

State of Washington v. Blake Alexander Badgley

Court of Appeals of Washington · Jul 27, 2023

When arguing that Badgley committed both crimes, the State asserted that Jane’s alcohol-induced sleep qualified as an inability to consent and constituted a clear expression of lack of consent to intercourse. … As to the third degree rape charge, Badgley maintained that the undisputed facts established that Jane never clearly expressed her lack of consent to sex, an element of the crime.

FCCC v. King County

150 P.3d 1147 · Court of Appeals of Washington · Jan 22, 2007

Allowing such behavior is clearly inconsistent with Washington's long-established policy of encouraging compliance with contractual obligations. Neis v. O'Brien, 12 Wash. 358, 361 , 41 P. 59 (1895). … However, the trial court entered findings of fact, supported by substantial evidence, that such losses qualified as "either an expediting expense or for protection of property coverage."

Yan Hong Zeng, V. Casimir Shelton, Llc

Court of Appeals of Washington · Oct 18, 2022

Courts give words their ordinary meaning unless the entire agreement clearly demonstrates otherwise. Id. at 713. … Third, Casimir suggests that the use of Cheung as the only escort was established by the parties’ course of performance.

Transport Indemnity Co. v. Sky-Kraft, Inc.

48 Wash. App. 471 · Court of Appeals of Washington · Jul 14, 1987

of a person's actions might best be ignored in determining the coverage of an insurance policy designed to protect one from the consequences of one's own negligence, especially where the language of the policy does not clearly … The record fails to establish whether VFR or IFR weather conditions prevailed at Pearson Airpark at the time of Schaefer's departure.

Lynn Epley, V. Department Of Social & Health Service Services Board

Court of Appeals of Washington · Feb 8, 2022

Clearly, Lynn knew that her actions were intended to inflict punishment on S., which equates to abuse. RCW 74.34.020(2); Crosswhite, 197 Wn. App. at 551. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.