Case law

In Re The Marriage Of Jennifer Schorsch, And Keith Schorsch

Court of Appeals of Washington · Dec 4, 2024

In response, Keith testified that he intended to establish a trust “with 8 529 plans, also known as “qualified tuition programs,” are tax-advantaged savings plans designed to encourage parents to save money for their … Duration of postsecondary educational support Keith similarly claims that the trial court’s child support order does not clearly state the end date for such support.

Leibsohn Property Advisors Incorp., App/cr-resp. v. Colliers Inter. Realty Advisors, Resps/cr-apps

Court of Appeals of Washington · Oct 28, 2013

SeaTac moved for attorney fees totaling $110,405.05, arguing it qualified as a third party beneficiary under the listing agreement's attorney fees provision. … But as discussed above, the exclusion clearly includes the "potential transaction" as part of its explanation of deed in lieu.

State Of Washington v. Nancy Lynn Tomlin

Court of Appeals of Washington · Mar 2, 2015

She claims that the testimony of her son, who was present at the time of the alleged crime, would have established her innocence. … She further alleges that defense counsel was not qualified to interview her son and failed to question her on the stand in a manner that would have explained her "accidental distraught misstatements."

Patricia N. Strand v. Spokane County

Court of Appeals of Washington · Jun 15, 2021

She emphasized that for most of the pieces of information being requested the “items . . . should clearly connect each sale to the . . . associated records.” Id. at 733-34 (boldface omitted). … A request for information does not qualify. Belenski v. Jefferson County, 187 Wn. App. 724, 740, 350 P.3d 689 (2015) (citing Wood v. Lowe, 102 Wn.

State Of Washington, V. Raymond Walter Sanchez

Court of Appeals of Washington · Apr 15, 2024

MOONEY: The only information we had was DNA evidence, and it didn’t speak to -- you know, qualify him as, you know, a suspect. … Sanchez’s generalized and speculative assertions do not overcome this deference nor establish an abuse of discretion. 2.

The Estate Of: Zina Linnik, App. v. State, Res.

Court of Appeals of Washington · Apr 1, 2013

State, 111 Wn.2d 182, 188, 759 P.2d 1188 (1988). 6 No. 67475-7-1/7 "to the same extent as" private persons, 13 "the public duty doctrine does not- cannot-provide immunity … and continuing relationship between the defendant and the third party."' 57 It went on to conclude that RCW 72.04A.080, the statute governing parolees' supervision, established a 'definite, established and continuing

Huard Septic Design And Monitoring, Llc v. Prestige Custom Builders

Court of Appeals of Washington · Dec 29, 2014

Thus, it does not qualify as a Project Subcontract under the plain terms of the Master Agreement between Prestige and Huard. … And this rule does not establish that this case was decided according to the Superior Court Mandatory Arbitration Rules. Arguments to the contrary are simply unpersuasive.

State Of Washington v. Charles Vincent Lee

Court of Appeals of Washington · Apr 6, 2015

The court also noted that unlike "where the child hearsay portion of the case is clearly huge and sometimes almost determinative," M.N. would be subject to cross-examination at trial "at great length and I expect with … We concluded that while plethysmograph testing "can properly be ordered incident to crime-related treatment by a qualified provider," the testing "may not be viewed as a routine monitoring tool subject only to the discretion

In re the Termination of A.M.S.

Court of Appeals of Washington · Feb 7, 2017

Assessment was delayed for a few months because no qualified provider was under contract. … The mother argues that even if the Department established all six statutory factors, termination was not in A.M.S.

Donald R. Earl v. XYZPrinting, Inc.

Court of Appeals of Washington · Jul 6, 2016

Here, the superior court judge clearly rendered his decision on Earl’s motion for reconsideration. … CR 54(d)(2) clearly requires claims for attorney fees and expenses be filed no later than 10 days after entry of judgment.

In re the Termination of El.g.

Court of Appeals of Washington · Dec 20, 2016

Vanessa Cameron, at the facility, began an assessment to determine if Joshua qualified for treatment. She could not complete the assessment until February 2014 because Joshua refused to sign a release. … (f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home .... RCW 13.34.180(1).

Debi O'brien v. Leonard Carder

Court of Appeals of Washington · Apr 3, 2017

However, without more, this allegation is clearly insufficient to establish severe and pervasive harassment that altered the terms of her employment. … O'Brien established that Koskinen was aware that she had engaged in the alleged protected activity.

State of Washington v. Claude L. Merritt

Court of Appeals of Washington · Nov 28, 2023

“In other words, the legislature has clearly indicated that in order to prove first degree felony murder, the State must prove not only that the defendant caused someone’s death but also that the killing was accompanied … Being charged, convicted, and sentenced pursuant to an unconstitutional charging statute qualifies as a manifest error affecting a constitutional right. State v. Rice, 174 Wn.2d 884, 893, 279 P.3d 849 (2012).

Michael Gilmore v. Jefferson County Public Transportation

Court of Appeals of Washington · Apr 25, 2017

In this case, Tencer was clearly a “qualified” expert whose testimony relied on “generally accepted theories in the scientific community.” Johnston-Forbes, 181 Wn.2d at 352. … The moving party must establish that the conduct complained of constituted misconduct, as distinct from mere aggressive advocacy, and the misconduct was prejudicial in the context of the entire record. Miller v.

Matson Navigation Company, Inc., V. Dept. Of Revenue

Court of Appeals of Washington · Aug 12, 2024

The court held the Department’s rule that imposed a primary purpose test was invalid as it “clearly exceed[ed] the bounds” of the exemption statute. Id. at 636. … watercraft to perform a function with respect to the transport of cargo,” permanent attachment is not required, and the cargo in its shipping containers is moving in interstate commerce, so “[t]herefore, the containers qualify

Lori Sweeney, et vir v. Adams County Public Hospital District

Court of Appeals of Washington · Aug 2, 2016

The expert also opined that the defendant doctors should have referred the plaintiff to doctors qualified to treat the problems they did not treat. … They obtained her medical records, which clearly state that on April 25, 2010, Mr. Noble consulted with Dr. Dunlap in Spokane and Dr.

State Of Washington, Resp-cr App V. Lavelle Kenneth Johnson, App-cross Resp

Court of Appeals of Washington · Aug 12, 2024

The trial court concluded that Bryant’s statements to Detective Hughey about the firearm in the car provided a sufficient independent basis to establish probable cause to search the car. … RCW 10.93.070(5) clearly and unambiguously authorizes any qualified Washington peace officer to “execut[e] an arrest warrant” anywhere within the state.

State of Washington v. Jared Anthony Winterer

Court of Appeals of Washington · Jan 25, 2022

The witness was clearly confused about new charges, violations, and convictions. Moreover, any error was cumulative because the jury was already aware that Mr. … Winterer could show deficient performance, he fails to establish prejudice. Mr. Winterer claims that exhibit 27 was necessary to show repeated contacts.

In Re The Marriage Of Jennifer Schorsch, And Keith Schorsch

Court of Appeals of Washington · Sep 30, 2024

In response, Keith testified that he intended to establish a trust “with 8 529 plans, also known as “qualified tuition programs,” are tax-advantaged savings plans designed to encourage parents to save money for their … Duration of postsecondary educational support Keith similarly claims that the trial court’s child support order does not clearly state the end date for such support.

Gary Smith V Clark County

Court of Appeals of Washington · Nov 5, 2013

' s motion, concluding that CPU' s acts were a combination of governmental and proprietary but were more proprietary than governmental.... [ T] he acts were not so purely governmental in their nature so as to immunize … The plaintiff has the burden to establish each element of the failure to enforce exception. Atherton, 115 Wn.2d at 531. Courts construe the exception narrowly.