Case law

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.

Central Puget Sound Regional Transit Authority, Res. v. Airport Investment Company, App.

Court of Appeals of Washington · Jan 26, 2015

This claim is clearly one of damage to the specific business operating on the property, not to the property itself. … Unlike in SentinelC3, Oh did not offer her opinion of what the property was worth to establish a fact necessary or favorable to her case.

Five Star Guttering, LLC v. Dep't of Labor & Industries

Court of Appeals of Washington · Feb 25, 2025

Substantial evidence established that, at Five Star’s genesis in 2017, Oscar Curiel paid Marcelina Torres in cash. … Five Star insists that, assuming it owed Marcelina Torres any wages, the evidence established an exemption from overtime pay.

State Of Washington, V Juan Jose Recinos

Court of Appeals of Washington · Nov 13, 2013

Recinos argued that Teresa' s statements were inadmissible hearsay and did not qualify as an excited utterance. … Recinos has not established that the time between his arrest and trial was presumptively prejudicial.

State of Washington v. Mark Allan Miller

14 Wash. App. 2d 469 · Court of Appeals of Washington · Sep 1, 2020

“The question of what constitutes a ‘substantial step’ under the particular facts of the case is clearly for the trier of fact.” Id. Mr. … Miller filed in this case did not allege a particular substantial step, identifying the substantial step requires considering evidence of all the defendant’s acts that could qualify. See id. at 63.

State Of Washington, V. Keith Rawlins

Court of Appeals of Washington · Mar 28, 2022

Nor can Rawlins establish prejudice resulting from this decision. Each of the prosecutors involved in Rawlins’s case testified that they never saw the document. … This evidence is sufficient to establish that Rawlins or an accomplice shot the Springfield XD handgun at Connell and Flores.

Collins v. Clark County Fire District No. 5

155 Wash. App. 48 · Court of Appeals of Washington · Mar 11, 2010

Background ¶4 In 1999, former Clark College first aid and health care instructor Valerie Larwick developed an idea to form a regional training center to establish emergency medical programs and to localize these resources … Noting that *77 Hayden’s testimony “clearly established she was adversely affected and unable to deal with the [work] environment,” which resulted in a “material change [in] her economic well-being,” CP at 892, the trial

Mark & Danika Velasco, V Discover Mortgage Company

Court of Appeals of Washington · Apr 14, 2015

Wells Fargo stated that once it received this information it would determine whether the Velascos qualified for a loan modification. … Causation A CPA plaintiff must establish that the defendant' s conduct caused the alleged injury.

State Of Washington v. Daniel Garber

Court of Appeals of Washington · Dec 2, 2014

Thus, like Unga, Garber was clearly aware that he was being questioned as a criminal suspect. … It is well established that a] n appellant may challenge an illegal or erroneous sentence for the first time on appeal." State v. McWilliams, 177 Wn.

Steven M. Heeb v. Carl N. Warring

Court of Appeals of Washington · Dec 5, 2013

Heeb asking that he sign a qualified domestic relations order (QDRO) to effectuate a division of Mr. Heeb' s retirement account that had been ordered in 2001. The letter stated that Mr. … Heeb's personal files was clearly a subject matter of the 2005 Grant County action.

State of Washington v. David A. Knox

Court of Appeals of Washington · Feb 3, 2026

Under the Blockburger test, two offenses must be the same both in law and in fact to qualify as the “‘same offense’” for double jeopardy purposes. … The record clearly shows that defense counsel is advocating for a timeline for Knox’s proceedings that will allow him to provide effective assistance.

Daryl Ferguson And Julie Ferguson v. Green Tree Servicing, Llc

Court of Appeals of Washington · Oct 1, 2018

They requested a loan modification in 2009, 2010, and 2012, but ultimately did not qualify. … Green Tree submitted the document to rebut the claim, raised in the Fergusons' response brief, that Green Tree had not established its authority to initiate foreclosure by appointing a new trustee.

State Of Washington v. Christopher James Roberson

Court of Appeals of Washington · Jan 5, 2021

permits a party to limit their appeal to only a portion of a trial court’s decision, “[t]he appellate court will disregard defects in the form of a notice of appeal or a notice for discretionary review if the notice clearly … To qualify for a downward departure under RCW 9.94A.535(l)(e), the record must establish not only the existence of the mental condition, but also a connection between the condition and significant impairment of the defendant

State Of Washington v. Michael Murray

Court of Appeals of Washington · Mar 6, 2017

excessive or clearly too lenient. … This statute establishes three prongs, each with a different standard of review. State v. Law, 154 Wn.2d 85, 93, 110 P.3d 717 (2005).

In re the Interest of: H.L.W.

Court of Appeals of Washington · Jul 7, 2022

He disagreed an attorney was necessary under Mathews because they already had a “highly qualified” GAL whose report covers the interests of this child “in significant detail.” RP at 18-19. … The GAL took no position on the appointment of counsel but stated that she had clearly communicated H.W.’s statements about Mr. B.’s placement request.

Valmari Renata, App. v. Flagstar Bank, F.s.b., Et Ano., Resps.

Court of Appeals of Washington · Jul 27, 2015

The Notice of Trustee's Sale did not disguise the fact clearly stated in the notice of default that Flagstar was the beneficiary. We conclude that Northwest Trustee did not violate its duty of good faith. … Because Renata has failed to establish an unfair or deceptive act or practice, we need not consider whether she has established the remaining elements of a Consumer Protection Act claim.

Aramark Educational Services, Llc v. State Of Wa, Dept. Of Revenue

Court of Appeals of Washington · Feb 5, 2019

tax, if a taxpayer calculates and derives its gross proceeds from a contract based on its performance of a service, regardless of whether that service results in the sale of a tangible good, then the taxpayer does not qualify … Kittitas County, 118 Wn.2d 852, 856, 827 P.2d 1000 (1992)). 3 No. 79078-1-1/4 tax as paid. . . is incorrect, either in whole or in part, and to establish the correct amount

State of Washington v. Salvador Garcia Sanchez

Court of Appeals of Washington · Nov 21, 2013

The court ruled that the evidence was relevant to show the SSL gang qualified as a "criminal street gang" under the statute. RP at 597. … RCW 9.94A.535 clearly provides that a jury may consider the aggravating circumstance. The trial court correctly allowed the jury to consider it. Inetfective Counsel-Motion to Bifurcate. Mr.

Robin Lerum, V. City Of Bellevue, Et Ano

Court of Appeals of Washington · May 18, 2026

In Harder, Officer 10 Even the trial court noted Hicks was “clearly qualified.” 11 No. 85812-1-I (Wash. Ct. App. … But evidence establishing proximate cause must amount to more than mere speculation. Moore, 158 Wn. App. at 154.

Sebastian Scheiff v. Julie Carey Del Moro

Court of Appeals of Washington · Feb 25, 2025

An email sent by Miriam Grant to Sebastian Scheiff and Eiledon McClellan’s agent, Sara Erwin, on June 5, 2021, established that the sellers knew of above-ground tanks. … De/Moro order to qualify for a home loan. Because of our disposition of the appeal on other grounds, we need not and do not address these contentions.