Case law

Todd Baker And Theresa Baker v. Pennymac Loan Services

Court of Appeals of Washington · May 10, 2016

Any future impact would be caused by nothing more than the res judicata effect of an unappealed dismissal order and does not qualify the Bakers for CR 60(b)(6) relief. … Here, the order granting summary judgment was clearly a final judgment subject to appeal. The Bakers chose not to appeal.

Key Development Pension v. Clyde E. Carlson

Court of Appeals of Washington · Jul 11, 2016

Because the Loans are usurious on their face, Plaintiff has the burden of establishing that the Loans qualify for the exemption under RCW 19.52.080 for loans made "primarily" for "commercial, investment or … "[W]hen a loan is usurious on its face, as in the present case, the burden is upon the lender to prove that its loan qualifies for the narrow transaction exemption."

Sherrie D. Holdsworth, V. Scapa Waycross, Inc.

Court of Appeals of Washington · Apr 17, 2023

A trial judge’s statement will qualify as a comment on the evidence “only if the court's attitude toward the merits of the case or the court's evaluation relative to a disputed issue is inferable from the statement.” … However, the assertion regarding timeliness is contradicted by the record, which clearly shows Scapa objected before deliberations began.

Darla Keck v. Chad P. Collins, DMD

Court of Appeals of Washington · May 6, 2014

Curtis wrote, "Clearly she is failing clindamycin and I would advocate abandoning this drug." CP at 154. Another infectious disease specialist, David Christensen, MD, soon began treating her. … Keck for follow up care, the records establish that the surgeons were sending Ms.

Bobby Kitcheon And Candance Ream, V. City Of Seattle

Court of Appeals of Washington · Dec 9, 2024

Such criminal cases apply a two-step analysis that is peculiarly centered in the notion that article I, section 7 provides greater protection than the federal constitution and “clearly recognizes an individual’s right to … We decline to otherwise depart from established authority. See W.G. Clark Const. Co. v. Pac. Nw.

In Re Dependency Of G.l., 11/28/00, Dshs, Resp v. Perry Lee And Crista Johnson, Apps

Court of Appeals of Washington · Sep 11, 2017

Griffin applied for funding to pay for private nursing care but was denied funding after the DDA determined that he did not qualify for specialized nursing. … In so ruling, the trial judge clearly erred.

Britt Easterly v. Clark County

Court of Appeals of Washington · Jun 13, 2016

Ultimately, Beltran and McCray concluded that Edwards was a sufficiently qualified candidate, while Tuggle concluded that he was not. … Our case law clearly establishes that it is the plaintiff's burden at trial to prove that discrimination was a substantial factor in an adverse employment action, not the only motivating factor.

Welfare Of E.w. J.w. And S.w. v. Dshs

Court of Appeals of Washington · Jul 26, 2016

The record clearly shows that J.W. and S.W. were aware of their Fifth Amendment right to not answer questions; the court’s reliance on J.W.’s and S.W.’s affirmative, voluntary statements was proper. … However, because the grant of immunity is normally a prosecutorial function, only in certain limited circumstances does a court have inherent authority to grant a protective order of immunity. 105 Wn.

State Of Washington, V Seth John Wilcox

Court of Appeals of Washington · Apr 7, 2020

Legal Principles ER 702 provides that “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as … Timeline Wilcox asserts that the timeline presented in his case was never clearly established and thereby denied him his right to defend himself.

Yakima County v. MLM Entertainment, LLC

Court of Appeals of Washington · Apr 14, 2020

The court observed that the spending rider did not provide immunity from federal prosecution, however, stating, Congress currently restricts the government from spending certain funds to prosecute certain … Such a challenger “must show that the governmental choice is ‘clearly wrong, a display of arbitrary power, not an exercise of judgment’”—a heavy burden of proof that few challengers can overcome. Id.

Anfinson v. FedEx Ground Package System, Inc.

159 Wash. App. 35 · Court of Appeals of Washington · Dec 20, 2010

But Instruction 9 clearly states that the “right to control” is determinative. Thus, Anfinson could not effectively argue that the six factors of the economic realities test were determinative. … ¶49 Borello addressed whether a class of workers qualified as employees under the California Workers Compensation Law, Cal. Lab. Code §§ 3200-5955 .

State Of Washington v. Peter Picolet

Court of Appeals of Washington · Jan 16, 2018

This statement, by contrast, is clearly testimonial. … However, two years later, our Supreme Court took a contrary view: "[W]e are not convinced a trial court's ruling that a statement is offered for a purpose other than to prove the truth of the matter asserted immunizes the

State of Washington v. Luis Alberto Anguiano

Court of Appeals of Washington · Aug 3, 2017

The trial court clearly found the evidence sufficiently reliable. And here again, any error in admitting the receipt was harmless. … Although it was established outside the presence of the jury that Mr. Schroeder was able to tie the receipt to a cash purchase by Ms.

State of Washington v. Viktor Morgunenko

Court of Appeals of Washington · Jul 11, 2023

We, however, remand Morgunenko’s sentence for the sentencing court to assess whether Morgunenko qualifies for such an evaluation. … Nevertheless, we need not decide any substandard performance because the record does not establish any prejudice.

Dependency Of: K.l.c., 05/26/03, Dshs, Resp v. Nicole Cadiente, App

Court of Appeals of Washington · Jul 21, 2014

Cadiente argues that the testimony did not establish that her relationship with Solomon endangered the children. … The Department argued that the conviction was, by itself, sufficient to establish that he posed a danger to M.S.D.

Marvin Entel v. Asotin County

Court of Appeals of Washington · Apr 4, 2024

Currently the sole road qualifying as a suitable fire apparatus access road is Grandview Drive, which could be blocked or impaired by vehicle congestion in the event of a fire. 12. … Currently the sole road qualifying as a suitable fire apparatus access road is Grandview Drive, which could be blocked or impaired by vehicle congestion in the event of a fire. CP at 199.

Keith Shriner v. Jon. J. Dufresne

Court of Appeals of Washington · Feb 22, 2021

The lease term shall have a 24 month automatic conditional option to extend in the event the property or the buyers do not qualify for other financing. .... 11. … The Shriners ignore that the contract in Duprey did not establish a deadline for final payment.

State Of Washington, V. Karis Miles

Court of Appeals of Washington · Feb 9, 2026

Here, the State concedes Craig’s judgment and sentence is a qualifying public record. … We hold Craig’s written testimony is not a qualifying public record.

Barrett v. Freise

82 P.3d 1179 · Court of Appeals of Washington · Jan 22, 2004

To establish a legal malpractice claim, a plaintiff must establish the existence of an attorney-client relationship, the existence of a duty on the part of the lawyer, failure of the lawyer to perform the duty, and that the … State, 136 Wash.2d 437, 447 , 963 P.2d 834 (1998) (settling, released, and immune parties are not parties "against whom judgment is entered" and will not be jointly and severally liable under RCW 4.22.070(1)(b)).

State of Washington v. Dallas John Paul Lange

Court of Appeals of Washington · Jan 26, 2021

Manifest error Lange must also establish that the claimed constitutional error is manifest. … Spaulding correctly concludes that community supervision fees do not qualify as a “cost” under that definition. Id.