Case law

Shann Maureen Webley, V. Van Robert Seney

Court of Appeals of Washington · Feb 18, 2026

Seney initially contested whether the parties had established a CIR. A trial, limited to that issue, was held in October 2023, and the trial court determined that a CIR had been established. … After personally observing all of the witnesses and considering all of the testimony and evidence, the trial court clearly determined Seney’s testimony was more credible.

State Of Washington, V. Ghassan A. Shakir

Court of Appeals of Washington · Mar 3, 2025

While this standard “provides great deference to the trial court’s evidentiary rulings, it does not immunize them.” State v. Broussard, 25 Wn. App. 2d 781, 789, 525 P.3d 615 (2023). … “[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.

Sandeep Arugonda, Resp/x-app. V. Keerthi Ananthula, App/x-resp.

Court of Appeals of Washington · Feb 18, 2025

establish that this is not the case. … This excerpt from the report of proceedings clearly establishes that after explaining why there was minimal prejudice from the admission of the untimely appraisal, the judge ensured that Ananthula had further opportunity

Capital One Bank v. Heather Lukashin

Court of Appeals of Washington · Sep 10, 2013

RCW 5. 45. 020 provides: A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode … But she fails to establish that a customer agreement was the only way Capital One could establish its claim.

Adam Rosen v. Harvey Rosen

Court of Appeals of Washington · Nov 19, 2019

Max and Sara established a grandchildren’s stock ownership trust, naming Harvey and Dianne as the co-trustees of the trust. … Byron’s son, Adam, immediately qualified and received his gift of 50 shares.

Marriage Of Lawrence L'hommedieu, V Shelane L'hommedieu

Court of Appeals of Washington · Nov 9, 2021

A hybrid situation exists where the payments are not clearly denominated or classified as either retirement benefits or disability benefits. … Shelane does not establish that she is entitled to relief on these grounds.

State Of Washington v. Michael Eric Armstrong

Court of Appeals of Washington · Dec 7, 2015

Before administering such a test, the arresting officer was required to advise the driver of his right to have additional tests administered by any qualified person of the driver's choosing. Id. … To support a finding of exigency, the circumstances must clearly demonstrate that the officer needed to act quickly. Cardenas, 146 Wn.2d at 408.

Confederated Tribes and Bands of the Yakama Nation v. Yakima County

Court of Appeals of Washington · Oct 29, 2019

The court further ruled that the April 13, 2018 letter constituted the written decision that qualified as the final administrative action for 8 No. 36334-1-III Confederated … Part four of the four-part test in Raynes asks whether the action more clearly resembles the ordinary business of courts, as opposed to those of legislators or administrators.

State of Washington v. Curtis Charles Anderson

Court of Appeals of Washington · Oct 25, 2018

When acting knowingly as to a particular fact is required to establish an element of a crime, the element is also established if a person acts intentionally as to that fact. 5 The State suggests … intentionally as to that fact” qualifier.

Rebecca West, V. Ride The Ducks International, Llc

Court of Appeals of Washington · Jul 6, 2021

RTDS disagrees and asserts that “[t]o establish a breach of duty, [West] had to establish that RTDS had the obligation to implement the collar modification because it was in general use, approved, and was necessary for … And it is undisputed that West was not a qualified medical expert.

TMT Bear Creek Shopping Center, Inc. v. Petco Animal Supplies, Inc.

140 Wash. App. 191 · Court of Appeals of Washington · Aug 20, 2007

. ¶ 23 As herein discussed, in determining whether a defendant is entitled to vacation of a default judgment pursuant to the test established in White v. … However, where the actions resulting in default do not qualify as excusable, the concern is different.

Friends Of San Juans v. San Juan County

Court of Appeals of Washington · Aug 10, 2015

The Board is required to find compliance unless it determines that the challenged regulation is clearly erroneous in view of the entire record before it and in light of the goals and requirements of the Act. … (5) Shorelines of the state shall not be considered critical areas under this chapter except to the extent that specific areas located within shorelines of the state qualify for critical area

Peggy Montgomery and Dwight Montgomery, et ux v. Glen L. Engelhard, et ux

Court of Appeals of Washington · Jun 2, 2015

The trial court did not resolve this issue that clearly was raised and responded to by the parties. Nor, on appeal, did Mr. … That is, to establish liability under the implied warranty of habitability, the plaintiff must establish that the defendant is both a builder and a vendor. Ms. Montgomery's argument that she is not suing Mr.

State Of Washington, V. Jeremy Michael Park

Court of Appeals of Washington · Oct 27, 2025

Nor did he establish the requested records were material. … In both instances, the courts reasoned the language qualified as improper commentary, as it implied “ ‘wrongful deception or even dishonesty in the context of a 17 No. 85555

State of Washington v. Abraham Lopez Torres

Court of Appeals of Washington · Feb 12, 2015

Hernandez immunity for his involvement with the crime in return for his testimony at Abraham's and Benjamin's trial. Mr. … Hernandez entered into a deal with the prosecutor and was given absolute immunity in exchange for his testimony. Defense counsel asked Mr.

Jennifer Leung, V 6119 Ne 104th Ct Etal

Court of Appeals of Washington · May 29, 2019

I meet all of the pre-qualifiers for adverse possession and I place my claim on the record in its valid format, attested by me via affidavit as, this is my home. .... … App. 124, 128, 547 P.2d 912 (1976) (“Clearly, due process requires a day in court before property interests can be extinguished.”

State Of Washington v. Edward Thomas Schinzing

Court of Appeals of Washington · Dec 24, 2024

Vertecs Corp., 158 Wn.2d 566, 590, 146 P.3d 423 (2006) (the court of appeals is bound to follow precedent established by our Supreme Court). … Damaging property of another through arson would clearly be action taken “in willful disregard of the rights of the another” or a “willful disregard of social duty.” Id.

State of Washington v. Maria Francisca Contreras

Court of Appeals of Washington · Jan 28, 2020

Contreras demonstrates that it was clearly foreseeable, and not a mere possibility, that the type of theft to which she pled guilty would prevent her from establishing legal residency in … Contreras’s offense may qualify as a petty offense and, therefore, not qualify as a crime of moral turpitude. 25 Nos. 36109-8-III; 36425-9-III State v.

Mariano Romulo, V. Seattle Public Utilities

Court of Appeals of Washington · Jan 5, 2026

Romulo also did not make an argument or produce evidence as to why Hubbert was not qualified for the job or less qualified than Romulo. … Conversely, the City presented ample testimony showing Hubbert was qualified.

In re the Welfare of: M.A.

Court of Appeals of Washington · May 24, 2016

The record establishes that J.V. … Here, it is undisputed that J.V. is a qualified individual with a disability and thus protected under the ADA.