Case law

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.

In the Matter of the Dependency of: L.S.

Court of Appeals of Washington · May 16, 2024

Ahead of the dependency hearing, the Department placed L.S. at a foster home in Pasco that was qualified to meet the child’s elevated needs. … Clearly, abuse of this sort evinces innumerable serious problems.

Port Of Longview v. London Market Insurers

Court of Appeals of Washington · Aug 2, 2016

The trial court record must clearly show that (1) one party willfully or deliberately violated the discovery rules and orders, (2) the opposing party was substantially prejudiced in its ability to prepare for trial, and … QUALIFIED POLLUTION EXCLUSION LMI argues that the qualified pollution exclusions in the excess policies preclude coverage under those policies.

State of Washington v. Zane C. McDonald

Court of Appeals of Washington · Oct 30, 2025

He turned toward that door and just waited to be brought back, clearly 12 No. 39785-8-III State v. … Because panel members differ in what formulation of manifest constitutional error to follow in this appeal, we choose not to address whether the assigned error qualifies as manifest constitutional error.

Brooks Manufacturing Co. v. Northwest Clean Air Agency

Court of Appeals of Washington · Sep 16, 2019

And it does not describe when a company replaces enough parts of an emission control device for its action to qualify as replacement. … Brooks fails to establish that the PCHB made a finding unsupported by substantial evidence or misapplied the law. The baghouse is emissions control technology, and Brooks replaced it.

Douglas C. Nelson, Et Ux, Res./cross-apps. v. Antone Pryor, Et Ux, Apps./cross-res

Court of Appeals of Washington · Apr 3, 2018

Accordingly, Nelson is immunized from liability for the Debt Swap under the business judgment rule. … Evidence admitted at trial establishes that Sportsman Park owed Landmark $746,330.66.

State Of Washington v. James M. Fey

Court of Appeals of Washington · Nov 3, 2014

ER 803(a)(4) establishes the medical diagnosis exception to the rule against hearsay. … But, counsel was clearly aware of this, as it was the basis for his argument that K.R.'s testimony was unreliable. Fey may disagree with counsel's strategy, but that does not make it illegitimate.

In Re The Detention Of Shawn Skelton

Court of Appeals of Washington · Feb 18, 2025

Of the three times that the prosecutor used the word “fact” to refer to B.K.’s allegation, the first two were clearly made in the context of referring to limited purpose evidence on which Dr. Teofilo relied. … The prosecutor had qualified this information, telling the jury, “[T]here is nothing unusual, whatsoever, about the methodology that either of the experts employed in this case even if it involved unadjudicated offenses

State Of Washington, Resp. v. Derrick A. Kolanowski, App.

Court of Appeals of Washington · Jan 30, 2017

Counsel established that he timely sought the cooperation of the State in pursuing information from Facebook before trial. … establishing what the relevant evidence would show, such as the results of the rape exam in Ellyson or the contents of the offered testimony in the other cases.

Kimberly Ritchey, App v. Sound Recovery Centers, Llc, Resp

Court of Appeals of Washington · Oct 20, 2020

Here, Cid’s uncontroverted testimony established that his error was a mistake and was not willful. … The burden is on the employee – here, Ritchey – to show that (1) she suffered from a disability, (2) she was qualified to do the job at issue, (3) she gave her employer notice of the disability, and (4) the employer failed

State Of Washington v. Robert Maddaus

Court of Appeals of Washington · Sep 20, 2013

he had two prior " strike" convictions for POAA purposes; and his POAA life sentence violated his equal protection and due process rights to a jury determination beyond a reasonable doubt that he had two prior qualifying … Prior convictions Maddaus next argues that the trial court violated his Sixth and Fourteenth Amendment rights when it failed to prove his prior qualifying convictions by a jury determination beyond a reasonable

Kevin Schibel, et ux v. Spokane Teachers Credit Union

Court of Appeals of Washington · Aug 15, 2019

Schibel and other Chairs customers who used its lot, and argued that tolerating the parkers qualified them, at most, as licensees. At the hearing on the summary judgment motion, Mr. … Schibel’s summary judgment briefing argued that binding admissions by STCU’s agents established that Mr.

State Of Washington v. Donald W. Bango

Court of Appeals of Washington · Mar 22, 2021

In doing so, the court applied a de novo standard of review, noting that it was “a change from Batson’s deferential, ‘clearly erroneous’ standard of review.” Id. … The Rhone court considered only whether the appellant had established a prima facie case of discrimination. Id. at 655.

PRP of Endy Domingo Cornelio

Court of Appeals of Washington · Mar 8, 2019

Cornelio claims that counsel knew of these records’ existence but clearly did not know their content. Cornelio does not provide us with these records. … Furthermore, it has long been recognized that a qualified expert is competent to express an opinion on a proper subject even though he thereby expresses an opinion on the ultimate fact to be found

State Of Washington, V Duane Michael Rader

Court of Appeals of Washington · Jan 14, 2014

R., while emblematic of domestic violence, were not substantially similar and did not establish a common scheme or plan. … Quoting this court, the Supreme Court stated: 13 43332 -0 -II The Legislature has clearly indicated that there is a public interest in domestic

In Re The Parentage Of: Wjm, Daphne Chua v. Tyler J. Mcgrue

Court of Appeals of Washington · Apr 27, 2020

attorney fees under RCW 26.09.140 after considering the financial resources of both parties. 15 The party challenging the award bears the burden of proving that the trial court exercised its discretion in a way that was clearly … Although McGrue is the substantially prevailing party, he has not filed a financial declaration establishing his need.

Cathy Montgomery, V. Department Of Labor And Industries Of The State Of WA

Court of Appeals of Washington · Feb 14, 2023

The Board reasoned that “an error of office procedure such as calendaring an incorrect due date . . . cannot be the basis for extending a statutorily created deadline” and that Montgomery had not established “any nexus … Although a notice accompanying the proposed decision and order “clearly stated” that the petition needed to be filed with the Board’s Olympia office, the contractor sent its petition only to the Office of the Attorney

State of Washington v. Clay Martin Hull

Court of Appeals of Washington · Dec 18, 2014

In any retrial, the issue of whether Dobie suffered substantial pain from being shot through the shoulder and limping through a several months' long recovery qualifies as a matter the jury can determine without the need … Second, while Clay Hull was fairly able to argue his defense theory under the court's necessity instruction, the jury was not clearly informed the State had the ultimate burden of proving the absence of necessity.

State Of Washington, V Brandon L. Dugger

Court of Appeals of Washington · Oct 15, 2013

Because Dugger does not demonstrate that he was actually prejudiced by the alleged error, the unpreserved claim of error does not qualify for review under RAP 2. 5( a)( 3). … Jury instructions must define reasonable doubt and clearly communicate that the State carries the burden of proof. Bennett, 161 Wn.2d at 307.

Viking Jv, Llc, V. City Of Puyallup

Court of Appeals of Washington · Jun 13, 2023

Such a contribution clearly does not preclude a developing owner from seeking latecomer reimbursement from other property owners for portions that the developing owner solely paid for; the owner is simply only … Accordingly, the city has not established any error in the trial court’s decision not to allow corrections to the latecomer contract.