Case law

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

Rodolfo Apostol v. State of Wa Dept. of Labor & Industries

Court of Appeals of Washington · May 14, 2024

Because he does not clearly assign error or argument to this claim in his opening brief, we do not consider this issue. Cowiche Canyon Conservancy v. … For example, he asks us to determine whether his present condition qualifies as a total disability, whether he is eligible to receive time-loss benefits, and whether Dr.

Hickok-Knight v. Wal-Mart Stores, Inc.

170 Wash. App. 279 · Court of Appeals of Washington · Jun 7, 2012

We haven’t even established whether or not she suffers from the touch, or which kind of allodynia she suffers from. … We have evidence of a permanent injury established by Dr. Loeser, Dr.

Kitsap County v. Kitsap Rifle And Revolver Club

Court of Appeals of Washington · Dec 29, 2020

To qualify as remedial, a contempt sanction must allow the contemnor to purge the contempt by committing an affirmative act. Faga, 8 Wn. App. 2d at 900. … The record clearly establishes that the Club could not have obtained a loan or credit in order to comply with the purge condition in the 2019 amended order. 3.

SPRINT INTERN. v. Department of Revenue

226 P.3d 253 · Court of Appeals of Washington · Mar 9, 2010

A party can overcome this presumption in certain circumstances, such as when the amendment is clearly curative. [8] Densley v. Dep't of Ret. Sys., 162 *260 Wash.2d 210, 223, 173 P.3d 885 (2007). … Tingey, 159 Wash.2d at 658 , 152 P.3d 1020 . ¶ 28 The tariffs and tax law Sprint cites do not establish that "local" and "toll" have a technical meaning within the telecommunications field.

In Re: The Richard C. Sweezy Trust Of 1990

Court of Appeals of Washington · May 16, 2016

In 1990, Dick established the Richard C. Sweezey Trust of 1990 (Trust). The Trust corpus consisted primarily of interests in closely held corporations. … No disrespect is intended. 2 The 1990 Trust provided that after Dick died and after other specific requests the remainder of the assets were to be held in a qualified terminable interest property Trust (QTIP).

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.

Channary Hor, App/cross-resp v. The City Of Seattle, Et Ano., Resp/cross-app

Court of Appeals of Washington · Aug 3, 2015

Second, in this case, a review of the record does not clearly show what material was before the court and counsel during discussions prior to the taking of formal exceptions. … In contrast, here, Neale's testimony establishes that he reasonably replicated the conditions of the accident.

State of Washington v. Nicholas Adam Limpert

Court of Appeals of Washington · Mar 21, 2017

The statement was later qualified for admission at the CrR 3.5 hearing. Neither of the attorneys for the two defendants objected to use of the statement. At trial, Ms. … The decision was clearly tactical. 8 No. 33909-2-111 State v.

State Of Washington, Resp/cross-appellant V. Kyle Randall Wheeler, App/cross-respondent

Court of Appeals of Washington · Aug 7, 2023

While strict, “the purpose of our state exclusionary rule 12 No. 83329-4-I/13 is to protect individual privacy rights, not to permanently immunize suspects from investigation … RCW 9A.46.060 is a nonexclusive list of qualifying crimes of harassment.

Sandra Cabage v. Northwest Trustee Services, Inc., Pnc Mortgage

Court of Appeals of Washington · Sep 22, 2015

Under RCW 61.24.163, two net present value tests can be used during mediation and the two internal summary calculations provided by PNC did not qualify. 6 No. 45953-1-II … The record does not clearly show that National City Mortgage physically possessed Cabage’ s original note at the time it sold her loan to Goldman Sachs on May 23, 2006.

Betty Frye And Todd Duty, Apps. v. Jdh Investment Group Llc, Res.

Court of Appeals of Washington · Apr 6, 2020

Frye argues that “a comma before the qualifying phrase ‘shall be due and payable on [due date]’ means the parties intended this maturity date qualifying phrase to apply to all prior antecedents including the antecedent … Under the last antecedent rule, “the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply to all antecedents instead of only the immediately preceding one.”

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. … Williams would have also qualified as a persistent offender under the “two strikes” provision of former RCW 9.94A.030(33)(b) due to the prior conviction of second degree rape. ¶24 So, even without the conviction for second

State Of Washington, Resp. v. Marcel Sampson, App.

Court of Appeals of Washington · May 22, 2017

And furthermore, probably most importantly, it clearly invades the province of the jury. I mean, it's the jury's job to decide credibility, and that's exactly what Dr. … But, a defendant's right to present a defense is subject to established rules of evidence designed to assure fairness and reliability. State v. Lizarraoa, 191 Wn.

The City Of Seattle v. 2009 Cadillac Cts, Wa. Lic. Asu1242

Court of Appeals of Washington · Dec 18, 2017

White does not qualify for fees on appeal. Therefore, we affirm with no award of fees. … And subsequent cases have clarified that the 90-day requirement also applies to personal property.12 While Tellevik and its progeny clearly require a 90-day hearing, this leaves unanswered what action the city

Parker Estates, Bluestone, Hockley, V William & Lesley Pattison

198 Wash. App. 16 · Court of Appeals of Washington · Dec 28, 2016

Aside from the statement that “meeting minutes since 2006, clearly reflect that no quorums were ever in place for any membership meetings,” Brief of Respondent at 9, the Pattisons’ briefing does not include any argument or … RCW 24.03.100, in part, reads that each director for a nonprofit corporation “shall hold office for the term for which the director is elected or appointed and until the director's successor shall have been selected and qualified

Jessica Matheson v. Dept. Of Revenue

Court of Appeals of Washington · Feb 10, 2015

The Department clearly has satisfied the requirements for revocation under former RCW 82. 32. 215. … Chicago Bridge, 98 Wn.2d at 820 ( internal quotations omitted). " Nexus is established if the corporation ` avails itself of the substantial privilege of carrying on business within the State."

In Re The Dependency Of: C.f.r., Donald Rayfield v. Dshs

Court of Appeals of Washington · Sep 21, 2015

No. 72441-0-1/6 arrange visits with the children and did not respond to his efforts to obtain a professional visit supervisor or qualify relatives to supervise visits. … Rayfield fails to establish a due process violation.

David Ambauen Et Ux, V Colin Young

Court of Appeals of Washington · Mar 19, 2013

But it will not do to presume no injury in a case where the whole charge was so clearly erroneous, based, as it was, on an altogether wrong theory of the case. … That's been established by this witness about five times, and he said that's what he would have to do before you go to a permit stage."RP at 491.

In Re: D.c.

Court of Appeals of Washington · Jul 29, 2019

His mentation is clearly altered (patient is neither oriented nor can track conversation). He has been intermittently and unpredictively agitated and non-adherent with treatments! … Under Strickland, D.C. must establish both (1) deficient performance and (2) resulting prejudice.