Case law

Parenting And Support Of Z.c., Cory Clarke V. Taylor Dike Kna Savage

Court of Appeals of Washington · Nov 13, 2023

The trial court was not petitioned to decide parentage . . . it was petitioned to establish a permanent parenting plan.” … Savage next alleges the trial court “has not clearly stated on which basis the parenting plan proposed by [Clarke] is in the best interest of the child.”

Midtown Properties, Llc, V. The City Of Bonney Lake

Court of Appeals of Washington · Jul 18, 2023

set forth in [the R-3 overlay zone] and incorporated into the Development Agreement; 2) Single[-]family residential use is allowed use under the R-3 High Density Overlay but the Agreement does not establish … The parties’ intent is clearly expressed in the Development Agreement’s language—single-family units are required to be built.7 Contrary to Midtown’s argument that the language merely allows building of single-family

In Re Dependency Of: M.k.g.p., Dob: 4/14/14, Fauniteni Pauni Jr., App v. Dshs, Resp

Court of Appeals of Washington · Jan 16, 2018

(f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home. … At trial, he said that he had recently qualified for housing -16- No. 76202-8-1/17 through another program but left that program because the timeframe would not work and because

Personal Restraint Petition Of Bradley David Knox

Court of Appeals of Washington · Apr 28, 2020

Knox asserts that the informant’s seeming immunity from prosecution would have been valuable impeachment evidence. … We will reverse a trial court’s denial of a new trial motion only where the moving party clearly shows that the trial court abused its discretion. See id. 2.

In Re: A.B.

Court of Appeals of Washington · Sep 18, 2014

s assigned social workers that L.L. either did not qualify for these services or that the program requested was not available in Washington State, this finding is sufficiently supported. 111. … She also complains that the State failed to establish a time frame of what the "near" or "foreseeable" future was for A.B.

In Re The Parenting And Support Of: Q.j.m., T.j.m., Sean C. Morris, App v. Tonya A. Morris, Resp

Court of Appeals of Washington · May 28, 2019

Rptr. 2d 766 (1997), to argue that the trial court impermissibly qualified the 2010 decree to define “income” in terms of when it is “due and owing” to Sean. … Where Tonya’s monthly surplus is only slightly more than $1 300, Coons does not persuade us that Tonya has not established need.

Preserve Our Islands v. Shorelines Hearings Board

133 Wash. App. 503 · Court of Appeals of Washington · Jun 19, 2006

After four years, the County denied Glacier’s shoreline exemption application because, once the project was revised to accommodate the FEIS recommendations, it could no longer qualify as normal maintenance and repair. ¶7 … KCC 25.08.310 defines nonconforming uses or developments as “those uses and structures that have been lawfully established or constructed prior to November 22, 1976, which no longer conform to the applicable regulations of

State Of Washington v. Darin Jerome Gatson

Court of Appeals of Washington · Oct 30, 2017

The arsonist, however, intentionally started the fire—clearly an intentional criminal act capable of causing harm in and of itself. In State v. … Gatson contends that providing the instruction was error because none of the witnesses were qualified as experts.

State Of Washington, V. Anthony Pressley

Court of Appeals of Washington · Mar 6, 2023

But clearly, here, there is a significant issue in relation to whether the act occurred or not. … Without a modifier or qualifier for the type of relationship with a family, the condition does not provide sufficiently ascertainable standards such that Pressley could understand the prohibited conduct and is protected

Carol A. Henry, V. Washington State Dept. Of Fish And Wildlife

Court of Appeals of Washington · Aug 12, 2025

This is not enough to establish for summary judgment purposes that in-person contact is an essential function. … The burden of establishing the reasonable accommodation defense rests with DFW.

Artie Len Reinert, et ux v. Allen C. Heller, M.D., et ux

Court of Appeals of Washington · Sep 14, 2021

In 2003, he moved to Coeur d’Alene and established a private clinic, and he conducts surgeries at Kootenai Medical Center. … Evidence tending to establish a party’s theory, or to qualify or disprove the testimony of an adversary, is relevant evidence. Lamborn v. Phillips Pac. Chemical Co., 89 Wn.2d 701, 706, 575 P.2d 215 (1978); Hayes v.

Personal Restraint Petition Of: Bobby Joe Ezra Plain

Court of Appeals of Washington · Jan 16, 2024

“[U]sing force to intimidate a victim into yielding property is often incidental to [a] robbery” and applying more force than is strictly necessary to accomplish the crime does not qualify as an independent purpose. … Because the outcome of his sentence would clearly have been different if he had not been convicted of both the robbery 1 and assault 2 in violation of the prohibition against double jeopardy he has established actual and

State of Washington v. Dennis Neal Gaston

Court of Appeals of Washington · Feb 2, 2016

The State did not address ER 404(b) below and does not argue, on appeal, that any of the qualifying purposes applies. … The State I attempted to qualify the officer as an expert witness, but the record did not indicate that I the trooper was qualified to testify as an expert on the driver's state of mind.

Estate of Margaret Wimberley

Court of Appeals of Washington · Jan 29, 2015

extent that it cannot be created with such qualifying assets. … At that time I became concerned that Margaret was not thinking as clearly as I had witnessed in our past meetings.

Preserve Our Islands v. Shorelines Hearings Bd.

137 P.3d 31 · Court of Appeals of Washington · Jun 19, 2006

After four years, the County denied Glacier's shoreline exemption application because, once the project was revised to accommodate the FEIS recommendations, it could no longer qualify as normal maintenance and repair. ¶ 7 … KCC 25.08.310 defines nonconforming uses or developments as "those uses and structures that have been lawfully established or constructed prior to November 22, 1976, which no longer conform to the applicable regulations of

State Of Washington v. Michael Christian Rich

Court of Appeals of Washington · Aug 26, 2013

He argues the conviction did not qualify as a statutory "prior offense" for purposes of elevating his DUI offense to a felony. … App. 496, 508, 204 P.3d 953 (2009) ("When a sentencing court incorrectly calculates the standard range before imposing an exceptional sentence, remand is the remedy unless the record clearly indicates the sentencing court

Steven J. Villegas v. Nationstar Mortgage, Llc

Court of Appeals of Washington · Mar 11, 2019

Nationstar analyzed Villegas’s financial information and determined that he qualified for a federal Home Affordable Mortgage Program loan modification. … Villegas’s failure to establish that Nationstar’s bad faith caused him any injury. Villegas appeals.

Medelez, Inc. v. Dep't Of Emp't Sec.

Court of Appeals of Washington · Oct 3, 2019

It is noted the plan initiated when a pre-employment test for another employer was positive for marijuana use but does not clearly establish that alcohol was an issue. … The employer bears the burden of establishing misconduct. Nelson v. Department of Employment Security, 98 Wn.2d 370, 374-75, 655 P.2d 242 (1982).

Aarin Morris v. State Of Wa Dept Of Employment Security

Court of Appeals of Washington · Jul 8, 2013

Once we establish the facts underlying delay, our review is de novo. Hanrattv, 85 Wn. App. at 505. … She claims the notice was confusing because it did not clearly indicate the deadline to file a late appeal.

State of Washington v. Derrick D. Jones

Court of Appeals of Washington · Sep 15, 2016

Further, the court should consider whether a defendant qualifies as indigent under GR 34, which takes into account whether a person receives assistance from a needs-based program such as social security or food stamps, … The small amount involved, the fact that sentencing occurred post-Blazina, and the fact that the trial court clearly recognized its discretion to waive discretionary LFOs are each circumstances that, individually or in