Case law

In Re The Estate Of Elma Kangas Dale Kangas, V Richard Kangas, P.r.

Court of Appeals of Washington · Nov 14, 2017

Furthermore, these activities were clearly related to Richard’s obligation under the October 2008 agreement to sell the timber for the benefit of the estate. … Citing Larson, Dale argues that to establish the reasonableness of fees claimed by a PR, the trial court should base the fees on the hours worked multiplied by an hourly rate and establish “that the hours spent were necessary

State Of Washington v. Andre R. Sargent

Court of Appeals of Washington · May 7, 2019

It also includes crimes that are less clearly physical or property crimes such as coercion (RCW 9A.36.070) and stalking (RCW 9A.46.110), which are crimes that have more of a psychological effect. … Defense counsel’s questioning and argument clearly provided context for the jury.

Detention Of L.c.

Court of Appeals of Washington · Oct 28, 2025

The medical basis for hospitalization is clearly established. For the hospital to release him would, quite frankly, in this Court’s opinion leave them open to potential liability. … Clearly -- there is a clear nexus between his diagnoses -- multiple diagnoses and his cognitive impact under both prong (a) and prong (b).

State Of Washington V. Daniel Joseph Jones

Court of Appeals of Washington · Mar 10, 2025

If you find that the defendant has established this defense, it will be your duty to return a verdict of not guilty as to these charges. … “[A]ny remark that has the potential effect of suggesting that the jury need not consider an element of an offense could qualify as judicial comment.” Id.

Maria Espinoza v. Fred Meyer

Court of Appeals of Washington · Nov 4, 2019

But the trial court clearly considered these communications because it referenced them in its memorandum decision. … The trial court’s finding—that Fred Meyer gave up its $1 000,000 rebate—is clearly supported by the record.

Rhett Greenfield, V. Department Of Labor And Industries

Court of Appeals of Washington · Jun 21, 2023

The extent to which the intern and the employer clearly understand that there is no expectation of compensation. … Accordingly, the Benjamin factors establish that Greenfield was not an employee.

State Of Washington, V. Suganthan Timothy Kathireson

Court of Appeals of Washington · Dec 19, 2022

Kirkman, 159 Wn.2d 918, 930, 155 P.3d 125 (2007) (“A witness or victim may ‘clearly and consistently’ provide an account that is false,” which is up for the jury to weigh). … Detective Thomsen, however, was not offered by either party as an expert witness and there are insufficient facts in the record as to whether she would have so qualified as to the testimony she provided.

Estate of Viola Williams v. Lourdes Health Network

Court of Appeals of Washington · Jul 12, 2016

In their petition, Borromeo and Burke alleged that Williams qualified as "gravely disabled." RCW 71.05.020(17). In their March 8, 2011, petition, Dr. … RCW 71.05.120 bestows incomplete immunity on Lourdes Health Network.

Auburn Valley Industrial Capital Llc v. Ross B. Hansen

Court of Appeals of Washington · Jul 14, 2014

NW Mint fails to establish its compliance with section 11 of the lease. … NW Mint also cites no authority establishing that having multiple attorneys review pleadings and documents is improper.

In re the Adoption of: C. W. S., C. L. S., and G. D. S.

Court of Appeals of Washington · Nov 15, 2016

No court rule qualifies RAP 2.2(a)(6) by demanding that the appellant file an additional appeal notice after a later order. … The futility of additional services was clearly established.

Premera v. Kreidler

133 Wash. App. 23 · Court of Appeals of Washington · Apr 4, 2006

“The company clearly has told anyone who will listen that it’s going to convey 100 percent of its market value.” AR at 2047. … Because Premera is not seeking to convert by being acquired by another insurer, there is no arms-length negotiated purchase price to establish value.

Kitsap County v. Kitsap Rifle & Revolver Club

184 Wash. App. 252 · Court of Appeals of Washington · Oct 28, 2014

Shooting sounds changed from “occasional and background in nature, to clearly audible in the down range neighborhoods, and frequently loud, disruptive, pervasive, and long in dura *264 tion.” CP at 4073. … The public nuisance claim was based on assertions that Thurston County had wrongfully and illegally allowed the project by deciding that the seawall qualified for an administrative exemption from substantial permitting requirements

Chad C. Shoemaker v. Billie A. Shoemaker

Court of Appeals of Washington · Nov 13, 2018

Finally, Billie fails to establish that her mother's surgery or her lack of income prevented her from litigating her dissolution. … Billie also argues the trial court should have afforded her heightened protections and extra leeway as a self- represented litigant, when Washington has a clearly established rule holding pro se litigants to the same standards

In Re The Dependency Of C.g.s.

Court of Appeals of Washington · Dec 5, 2022

She fails to establish either. … Clearly, the legislature has done so for the purpose of affecting the juvenile court’s decision making. That the legislature may enact a statutory exception to the hearsay rule is not a novel proposition.

Personal Restraint Petition Of Daniel S. Amador, Ii

Court of Appeals of Washington · Jun 12, 2023

Smith’s opinion that no definitive evidence of the abuse existed, therefore, was cumulative of testimony by the State’s more highly qualified medical expert. … A.A.’s mental health struggles were clearly raised and discussed by trial counsel.

State of Washington v. Matthew Sean McCarthy

429 P.3d 1086 · Court of Appeals of Washington · Nov 15, 2018

An accused cannot waive incompetency, presumably because he cannot knowingly waive the immunity from prosecution. In re Personal Restraint of Fleming, 142 Wn.2d 853, 615, 16 P.3d 610 (2001). … McCarthy's appellate lawyer points to nothing in the record that establishes that he does not possess an adequate recall of events or is unable to communicate his recollections to his attomey. 2 The majority opinion fails

Joe Patrick Flarity, V. Argonaut Insurance Company

Court of Appeals of Washington · Jun 13, 2023

But because Flarity fails to establish that any referenced statute creates a private cause of action, the superior court properly dismissed this claim. … However, the plain language of the statute clearly contains standards for determining whether good cause is established by providing specific, enumerated grounds that qualify as good cause.

State Of Washington, V. Juan Gabriel Fregoso Uribe

Court of Appeals of Washington · Jan 29, 2024

The State then moved to admit the transcript of the interview, arguing it was admissible as a recorded recollection under ER 803(a)(5): I think she very clearly did testify today that she remembered that interview … Second, Uribe “conceded” that PPM’s statements in the transcript were ambiguous and included qualifiers. Wash. Ct. of Appeals oral argument, supra at 3 min., 51 sec., through 3 min., 57 sec.

David S. Divis v. Washington State Patrol

Court of Appeals of Washington · May 28, 2014

The Trial and Board qualified these findings as follows: WSP did not prove that Divis used the word " lazy," Divis improperly referred to race " when reviewing or discussing employee performance," … But the statute does not establish the same finality for findings about charges that were sustained.

State Of Washington v. Robert v. Fernandez

Court of Appeals of Washington · Jan 17, 2018

And I believe that those would qualify as excited utterances, and so the defense doesn’t have an objection to those statements. THE COURT: All right. … Thus, Fernandez does not establish that counsel’s failure to object was deficient.