Case law

State of Washington v. Tristan Duane Beeman

Court of Appeals of Washington · Jul 29, 2025

However, the State also indicated that because it had other witnesses it believed could establish the case, it was not seeking a material witness warrant for the ex-girlfriend at that time. … The State contends that we should not review the unpreserved error, Erlinger does not clearly apply, and any error is harmless. A.

Fidelity National Title Insurance Co., Pltf. V. Arcon Tenant Improvement, Brmk, Resps.

Court of Appeals of Washington · Dec 18, 2023

The amount claimed to be owed for the Construction Work is set forth on Exhibit B attached hereto with the amount owed each subcontractor of Arcon clearly identified on Exhibit B. … There has been no final judgment and, therefore, there has been established no prevailing party.” Estate of Carter, 11 Wn. App. 2d at 589 n.7 (2019). Accordingly, we deny both requests at this time.

Collins v. CLARK COUNTY FIRE DIST. NO. 5

231 P.3d 1211 · Court of Appeals of Washington · Apr 20, 2010

Background ś 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 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 court

Dependency Of C.t. Karina Torrescano-hernandez v. Dshs

Court of Appeals of Washington · Sep 28, 2015

"The parents must be clearly advised in adequate time to meet [the termination petition] to prevent surprise, helplessness and disadvantage. … s best interests when the State failed to establish its burden under RCW 13.34.180(1 )(d) and (1)(e).

Jimmie R. Goode v. Tukwila School District 406

Court of Appeals of Washington · Jul 5, 2016

First, the harassment may be imputed if a manager participated in the harassment.16 For summary judgment purposes, employees with authority to affect employee hours, wages, and working conditions qualify as managers.17 … Although the record does not clearly show that this significantly changed Goode's responsibilities as a physical education teacher, we must view the 20 No. 73546-2-1/21

State Of Washington, V. Abraham Feliciano

Court of Appeals of Washington · Jan 20, 2026

Coser later testified at trial that he could not see the item clearly. While watching the exchange, Coser called 911, and Coffeen took a 20-second video of the incident with her cellphone. … Thus, the evidence was “insufficient to establish that the defendant acted unreasonably in resisting arrest.”

Viking Jv Llc, Appellant/cross-respondent V. City Of Puyallup, Respondent/cross-appellant

Court of Appeals of Washington · Jun 14, 2022

The City then implemented the hearing examiner process established in chapter 2.54 PMC. … Applying RCW 35.92.025 and the City’s municipal code to these facts, the appellate examiner’s decision was not clearly erroneous. B.

State of Washington v. Patrick Elliot Pearson

Court of Appeals of Washington · Dec 22, 2015

A witness may qualify as an expert if they have "scientific, technical, or other specialized knowledge" that will assist the trier of fact to understand the evidence. ER 702. … Instead, it establishes a foundation for the shelter's possession of the puppy prior to the burglary. Second, Mr.

State Of Washington v. Arthur Seth

Court of Appeals of Washington · Mar 12, 2013

A] y remark that has the potential effect of suggesting that the jury need not consider n an element of an offense could qualify as judicial comment:"State v. … Lane, 125 Wn. d 825, 838, 889 P. d 929 (1995).It is thus error for a judge to instruct the 2 2 jury that "matters of fact have been established as a matter

Mariya Tarasyuk v. Mut. of Enumclaw Ins. Co.

Court of Appeals of Washington · Jan 17, 2019

Tarasyuk was clearly operating a “business” on the insured premises as defined by the policy, and under Washington law. 2. … The policy clearly and unambiguously excluded coverage for separate structures that were used in whole or in part for business purposes.

State Of Washington, V. Joshua James Allen

Court of Appeals of Washington · Jul 1, 2025

“‘Essential elements’ are ‘the facts that the State must prove beyond a reasonable doubt to establish that the defendant committed the charged crime.’” Derri, 199 Wn.2d at 691 (quoting State v. … The information clearly alleged an element of knowledge by stating that Allen “knowing that [Bartholomew] had committed a crime, did harbor and conceal [him],” among other acts. CP at 1.

State of Washington v. William J. Kramer

Court of Appeals of Washington · Nov 3, 2020

We decline to address the issue because Kramer failed to preserve it and the issue does not qualify as manifest error. … Although the State’s comment was snippy, we do not think it qualifies as misconduct. Objected to comments Kramer objected during the following two exchanges.

In Re The Dependency Of: W.j.e

Court of Appeals of Washington · May 22, 2023

resulted in actual prejudice required to establish a manifest constitutional error. … The record establishes that the Department regularly attempted to engage with K.E. via phone, text message, email, and in person.

State of Washington v. Benjamin Lopez, Jr.

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.

Pud No. 2 Of Pacific County v. Comcast And Centurytel

Court of Appeals of Washington · Apr 8, 2019

establish a rate according to the calculation set forth in subsection (3)(a) of this section or it may establish a rate according to the cable formula set forth by the federal communications … In contrast, according to the Companies, subsection (3)(a) and the FCC Cable formula do not assign costs based on the 11 Although the parties dispute whether safety space should qualify as unusable space, they

Guardianship Of Thomas Hawes

Court of Appeals of Washington · Nov 16, 2020

the guardianship statute require imminent or current harm to find a person incapacitated.”13 The more precise issue before us is whether a person who has caregivers to mitigate any actual, serious, harmful consequences qualifies … A showing of specific, actual, imminent harm by virtue of removing current caregivers is not required to establish a current significant risk of harm for purposes of the guardianship statute.

Shalisa Hayes v. Bill's Towing And Garage, Inc.

Court of Appeals of Washington · Sep 6, 2016

He argued thatWelch should be dismissed because he was immune from liability and had no insurance. … "To establish cause in fact, a claimant must establish that the harm suffered would not have occurred but for an act or omission of the defendant." Joyce v. Dep't of Corn, 155 Wn.2d 306, 322, 119 P.3d 825 (2005).

Candea Balcom v. Tamara Bland, et ano

Court of Appeals of Washington · Jun 21, 2018

All searches were negative in my attempt to find a qualified person or corporate representative within this state to serve in this matter. … Third, Bland presents no underlying facts to establish that Bland sought to avoid service.

Advance Environmental, Inc. v. Department Of Labor And Industries

Court of Appeals of Washington · Jul 3, 2017

After Davis advised Gee that the demolition did not qualify for a waiver, Gee responded that the job had to proceed and concluded the call. … The Board clearly understood the appropriate burden of proof.

Amy S Devargas, V Joshua D Kleymeyer

Court of Appeals of Washington · Nov 17, 2015

The same letter indicates that RAND’s own internal process determined that Kleymeyer did not qualify for disability leave. … If the trial court again finds deVargas in contempt on remand, it must clearly specify which order she violated and how.