Case law

State of Washington v. Damaso Alejandro Montes

Court of Appeals of Washington · Feb 26, 2026

“[T]he law presumes each juror sworn is impartial and qualified to sit on a particular case, otherwise he would have been challenged for ‘cause.’” State v. Latham, 30 Wn. … G.B. also gave a time range of about one year or more when the offenses occurred, establishing the third prong.

Katherine Dawn Brown, V. Geoffrey Bryan Thomas

Court of Appeals of Washington · Jun 23, 2025

ruling, by itself, does not establish judicial bias. … Additionally, if certain requirements are established, “the services of a ‘qualified legal assistant’ may be included in an attorney fee award.” Id. at 644.

National Parks Conservation Assn, V. Wa State Dept Of Ecology

Court of Appeals of Washington · Jun 22, 2022

The EPA Region 10 also commented on the project, identifying certain issues and the ways that BP could fix those problems to qualify for the PSD permit. … The NPCA argues the PCHB 3 Although this statement was contained in a conclusion of law, it clearly is a factual finding. This court treats factual findings in conclusions of law as findings of fact.

The Church Of The Divine Earth v. City Of Tacoma

Court of Appeals of Washington · Apr 14, 2020

For a performance evaluation to be exempt from disclosure, the governmental agency must also establish the absence of legitimate public concern. Dawson, 120 Wn.2d at 797. … To prevent disclosure of the performance evaluations, the City must establish the absence of legitimate public concern. Dawson, 120 Wn.2d at 797.

In Re The Marriage Of: Donette L. Venn F/k/a Zbikowski, Resp/x-app v. Mark J. Zbikowski, App/x-resp

Court of Appeals of Washington · Jan 14, 2019

Under the narrow standard of facial legal error, the father does not establish that the arbitrator exceeded her authority. … The mother requests attorney fees incurred on appeal to this court based on RCW 26.09.140, but she does not establish any hardship in paying her own fees.

In Re The Estate Of Marguerite Sammann

Court of Appeals of Washington · Mar 20, 2023

First, RAP 7.2(c) clearly permitted Coster and the White Estate to seek enforcement of the September 2019 order because no court had granted Nadene a stay of this order. … But Nadene failed to establish any breach of fiduciary duties and we therefore reject her conflict of interest claim.

Lisa Nolan v. Tekoa Operations, LLC, dba Tekoa Care Center

Court of Appeals of Washington · Dec 7, 2021

According to Ward, “Nolan was unsettled, not thinking clearly, short of breath, and red in the face.” CP at 89. Nolan shook while attempting to unlock a medication cart. She could not unlock the cart. … The employee, in a disability discrimination suit, must show that she was qualified and capable to perform her job. Mackey v. Home Depot USA, Inc., 12 Wn. App. 2d 557, 586 (2020).

State v. Littlefair

112 Wash. App. 749 · Court of Appeals of Washington · Aug 2, 2002

(k) The judge may sentence me as a first time offender instead of giving a sentence within the standard range if I qualify under RCW 9.94A.030(20). ... … The second and fourth sentences establish presumptions to be used when determining whether the defendant was properly advised.

State of Washington v. Shalin E. Alltus

Court of Appeals of Washington · Aug 22, 2019

Bachtold’s motivation, but to establish his motivation she continually argued that she had a right to offer character evidence—character evidence she believed qualified for an exception to the general prohibition of such … Alltus would not be able to establish prejudice. 26 No. 34677-3-III State v. Alltus V.

Washington Shell Fish, Inc. v. Pierce County

132 Wash. App. 239 · Court of Appeals of Washington · Mar 28, 2006

Standard of Review ¶19 LUPA establishes a uniform, expedited appeal process to provide consistent, predictable, and timely judicial review of land use decisions by local governments. … subjects geoduck harvesting to one overall qualifier — substantial development permit review under PCC 20.24.020, which is titled “Guidelines for Reviewing *255 Substantial Development Permits.”

State Of Washington, V Louis M. Patterson

Court of Appeals of Washington · Dec 8, 2015

He clearly recalled closing and locking all the doors the previous night, because the owner had warned him about burglaries in the area. … To establish prejudice, the defendant must “show a substantial likelihood that the misconduct affected the jury verdict.” Glasmann, 175 Wn.2d at 704.

State Of Washington v. Leonel R. Ochoa

Court of Appeals of Washington · Dec 28, 2017

(ii) possesses information concerning the qualifying criminal activity; and (iii) has been helpful, is being helpful or is likely to be helpful in investigating or prosecuting the qualifying criminal … The value of [qualifying U-visa] status for those living in immigration limbo cannot be overstated.

Sara Hartman, App v. The Young Men's Christian Assoc Of Greater Seattle, D/b/a, Resp

Court of Appeals of Washington · Nov 9, 2015

The YMCA responds, asserting that Hartman fails to establish a prima facie case as to each of her claims. … 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...

State Dept Revenue, V Nancy G. Kissner

Court of Appeals of Washington · Aug 4, 2015

Fred' s5 estate made the federal qualified terminable interest property (QTIP) election. Lillian Peste died in July 2008. … The Estates bear the burden of establishing the invalidity of DOR' s actions. RCW 34. 05. 570( 1)( a).

Construction Loan Services Ii, Llc, V. Ecm Riverside Llc

Court of Appeals of Washington · Aug 27, 2024

The superior court also found that the PSA qualified as an executory contract that the Receiver could reject or assume pursuant to RCW 7.60.130. The Receiver then moved to reject the PSA. … Here, Article 11 of the PSA clearly outlined what would occur in the case of ECM’s breach.

In re the Welfare of J.B.

Court of Appeals of Washington · Mar 28, 2013

violation, there was a four-month period before she was jailed for her second DUL During this time DSHS arguably could have done more to offer additional dependency treatment services; the only efforts made were an attempt to qualify … The court noted that the evidence necessary to prove the two factors would often overlap, so that evidence which established one factor could also establish the other factor. Id. at 13-14.

Anfinson v. FEDEX GROUND PACKAGE SYSTEM

244 P.3d 32 · Court of Appeals of Washington · Dec 20, 2010

But Instruction 9 clearly states that the "right of 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 Worker's Compensation Act.

State of Washington v. Robert Martinez, Jr.

Court of Appeals of Washington · Dec 26, 2013

In allowing the testimony, the I court found, "[C]ertainly the first few minutes of the officer's colloquy with [P.H.], clearly her comments clearly fall under the excited utterance exception to the hearsay rule … Therefore, no ex post facto violation is established by Mr. Martinez. 11 No. 30732-8-111 State v. Martinez Affirmed.

State Of Washington, V Larry Douglas Stovall

Court of Appeals of Washington · Nov 26, 2013

At the sentencing hearing on September 18, 2009, the State informed the court that, originally, it did not believe that Stovall qualified for a DOSA. … The record clearly demonstrates that Stovall' s counsel repeatedly advocated for the trial court to impose a DOSA sentence and made a significant effort to gather the information on DOSA the trial court requested.

Kershaw Sunnyside Ranches, Inc. v. Yakima Interurban Lines Ass'n

121 Wash. App. 714 · Court of Appeals of Washington · May 25, 2004

The burden is on the moving party to establish its right to judgment as a matter of law, and facts and reasonable inferences from the facts are considered in favor of the nonmoving party. … Deeds utilizing the statutory warranty form 1 and conveying definite strips of land will be construed as granting fee simple title “unless additional language in the deeds clearly and expressly limits or qualifies the interest