Case law

Angela M. Bard v. Snohomish Health District

Court of Appeals of Washington · Nov 2, 2020

The plaintiff bears the burden to establish each of these elements. Ehrhart v. King County, 195 Wn.2d 388, 402, 460 P.3d 612 (2020). … This intent will not be implied and must be clearly expressed in the provision. Ravenscroft v. Wash. Water Power Co., 136 Wn.2d 911, 930, 969 P.2d 75 (1998).

The Estate Of Richard Castle, V Paul Graves

Court of Appeals of Washington · Jun 16, 2026

Castle came to Avila “looking for a second opinion” to see if he qualified for additional deductions. 1 VRP (Aug. 1, 2024) at 458. Avila testified that in those discussions, she learned about Castle’s properties. … No Prejudicial Error The Estate argues that even if the trial court erred in excluding the testimony, any error was harmless because the Graves’ testimony would not have clearly, cogently, and convincingly established

DeLong v. Parmelee

157 Wash. App. 119 · Court of Appeals of Washington · Jul 29, 2010

Due Process ¶86 Parmelee argues that the PRA establishes a state created “liberty interest” and the trial court denied him his right to due process because it “did not consider [his] evidence and denied [him] an opportunity … Parmelee matter, both DOC and Parmelee devote portions of their briefs to the issue of whether the flyers at issue qualify as slander.

State Of Washington v. Malek Kalid Ptah

Court of Appeals of Washington · Jun 29, 2020

But the prosecutor’s hypothetical was clearly an effort to do just that. … The record clearly establishes that Hoard was the victim of both thefts and that the thefts occurred simultaneously at Seymour’s apartment.

State of Washington v. Zachary R. Roy

Court of Appeals of Washington · Jun 15, 2017

Not all defense counsel's strategies or tactics are immune from attack. In re Personal Restraint ofCaldellis, 187 Wn.2d at 141. … To establish ineffective assistance of counsel, Zachary Roy must also establish that the ineffective assistance prejudiced him.

Clark Construction Group, Inc., App. v. Roland Anderson, Res.

Court of Appeals of Washington · Sep 21, 2015

Lee was clearly an attending physician, but the attending physician rule does not require the trier of fact to defer to or creditthe testimony of the treating physician. Groff v. … This does not mean that a claimant must present unequivocal proof of success to establish that treatment was proper and necessary.

State of Washington v. Jodi Sue Lindquist

Court of Appeals of Washington · Apr 8, 2025

Muscatel did not clearly opine that Lindquist was incompetent. 16 No. 58475-1-II determine the issue. … Muscatel’s qualifier was met.

In the Matter of the Marriage of: Cathy Ann Keele & Brian Douglas Keele

Court of Appeals of Washington · Apr 29, 2021

The Sedlock court upheld the tenancy in common, finding that although disfavored, the tenancy in common was for a short period of time, and the parties’ interests were clearly established. Id. at 500. … Long may be precluded from qualifying for benefits due to the size of her portfolio, but she enjoys none of the perks of ownership.

DeLong v. Parmelee

236 P.3d 936 · Court of Appeals of Washington · Jul 29, 2010

Clearly, Parmelee's interests were necessarily impacted by the adverse judgment. … Parmelee matter, both DOC and Parmelee devote portions of their briefs to the issue of whether the flyers at issue qualify as slander.

Holden-mcdaniel Partners v. City Of Arlington

Court of Appeals of Washington · Jan 9, 2017

We generally give words their ordinary and usual meaning unless the entirety of the agreement clearly demonstrates a contrary intent. Hearst Commc'ns. Inc. v. … App. at67 is controlling That case considered whether the "confession of judgment" at issue in that case could qualify as ajudgment on the merits.

State Of Washington v. Matthew Steven Johnson

Court of Appeals of Washington · Jan 5, 2021

Second, only intervening acts that are not reasonably foreseeable qualify as superseding events. State v. Roggenkamp, 115 Wn. … time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly

State Of Washington v. Malek Kalid Ptah

Court of Appeals of Washington · Jun 1, 2020

But the prosecutor’s hypothetical was clearly an effort to do just that. … The record clearly establishes that Hoard was the victim of both thefts and that the thefts occurred simultaneously at Seymour’s apartment.

Cascade Concrete Industries, Inc. v. Central Washington Asphalt, Inc

Court of Appeals of Washington · Dec 23, 2025

It is well established that unchallenged findings of fact will be accepted as verities on appeal. State v. Eyman, 24 Wn. App. 2d 795, 818, 521 P.3d 265 (2022). … On appeal, the reviewing court disagreed that the letter qualified as an invoice.

State Of Washington, V Dedrick Demond Thomas

Court of Appeals of Washington · Jan 22, 2014

591, 128 P. 3d 146 ( 2006), review denied, 160 Wn.2d 1002 ( 2007)). " When the sentencing court incorrectly calculates the standard range ..., remand is the remedy unless the record clearly … The record does not show whether the original sentencing court for these convictions or the present sentencing court conducted an analysis whether the convictions qualified as the same criminal

State Of Washington, V Jason R. Garcia

Court of Appeals of Washington · Mar 28, 2023

Not all pauses in court proceedings will qualify as a sidebar. In State v. … Further, the sidebar was clearly conducted to avoid disrupting the flow of the trial.

State Of Washington, V. Jesse Christian Engerseth

Court of Appeals of Washington · Jan 17, 2023

“A recorded statement given to police is inadmissible hearsay unless it qualifies for an exception to the hearsay rule.” State v. Nava, 177 Wn. App. 272, 290, 311 P.3d 83 (2013). … Importantly, “a record can be considered accurate for the purposes under ER 803(a)(5) even when a witness's credibility is clearly questionable.” Id. at 729 (citing Alvarado, 89 Wn. App at 552- 53).

Marlo Coyle, o/b/o B.J.C. v. Nimsha Asia Goins

Court of Appeals of Washington · Aug 20, 2015

None of the evidence submitted by Asia Goins qualifies for this exclusion. … The additional language in subsection (a) ofRCW 7.90.080(1) establishes a purpose of protecting the victim of the sexual assault, not a parent who files the petition.

In Re The Dependency Of J.t.r., Abigail Rocco, App v. Dshs State Of Washington

Court of Appeals of Washington · Nov 14, 2016

Rocco to qualify for counseling services. This testimony also was not credible. … Continuation of the Parent-Child Relationship Rocco contends the Department failed to establish that continuation of the parent and child relationship clearly diminished the children's prospects for early integration

Lake Hills Investments Llc, App/cross-res. v. Ap Rushforth Constr. Co., Inc., Res/cross-app.

Court of Appeals of Washington · Sep 14, 2020

This standard, expressly articulated in Kenney, is also acknowledged by commentators on construction law.42 Because the affirmative defense portion of jury instruction 9 clearly misstated the law and under these … A: I need to qualify what you’re asking. COURT: No, don’t make me direct you to answer his question.

Stephen Condie, App-cross v. Amy Condie, Resp-cross

Court of Appeals of Washington · Nov 16, 2020

trial court on remand has the discretion to determine whether to revisit the amount of the maintenance award. 8 No. 80221-6-I/9 received and, arguably, such a change may qualify … The legislature clearly stated its intent in enacting the child support schedule: The legislature intends, in establishing a child support schedule, to insure that child support orders are adequate