Case law

Pitzer v. Union Bank of California

93 Wash. App. 421 · Court of Appeals of Washington · Dec 31, 1998

Although former RCW 11.04.080 is clearly unconstitutional today, we must determine whether claimants could have established their rights as pretermitted heirs at the time of Frank's death. … Under the majority's analysis, these possible heirs included individuals who could not qualify as statutory heirs.

State Of Washington, V. Robert Terrance Jackson Jr.

538 P.3d 284 · Court of Appeals of Washington · Nov 6, 2023

the sentencing court are not supported by the record which was before the judge or that those reasons do not justify a sentence outside the standard sentence range for that offense” or “that the sentence imposed was clearly … excessive or clearly too lenient.”

Penick v. Employment Security Department

82 Wash. App. 30 · Court of Appeals of Washington · Apr 19, 1996

We conclude that Penick failed to present evidence qualifying him for the exemption set forth in RCW 50.04.140. Thus, we affirm. … Independently Established Nor did Penick establish the third prong — that *44 the contract drivers are independently established in their occupation of driving trucks. All-State, 70 Wn.2d at 665 .

State v. Sims

59 Wash. App. 127 · Court of Appeals of Washington · Sep 10, 1990

As we said in Smith at 598, Under these circumstances, courts have held that the information is immune from attack unless so obviously defective as not to charge the offense by any reasonable construction. … To summarize, the information here followed the language of the statute which clearly defined a crime.

Babcock v. Mason County Fire Dist. No. 6

5 P.3d 750 · Court of Appeals of Washington · Aug 4, 2000

PUBLIC DUTY DOCTRINE RCW 4.96.010, which abolished sovereign immunity, is qualified by the public duty doctrine. Smith v. State, 59 Wash.App. 808, 812 , 802 P.2d 133 (1990). … Rather, the statement was clearly made to advance a primary public duty of the District — to protect human life. RCW 52.02.020; UNIFORM FIRE CODE, § 104.1 (1997).

Talley v. Fournier

3 Wash. App. 808 · Court of Appeals of Washington · Dec 14, 1970

(Here he clearly had the necessary qualifications because of his experience in accident investigation and his knowledge of driving conditions at the scene and time of the accident.) … He is charged by law and conscience with the fundamental duty of seeing that truth is established and justice done, under the statutes and rules of law.

Millican v. N.A. Degerstrom, Inc.

177 Wash. App. 881 · Court of Appeals of Washington · Nov 15, 2013

It found no evidence creating a genuine issue of fact that she was dependent on her son for support qualifying her as a beneficiary under RCW 4.20.020. … Lafayette and Degerstrom, for any WISHA violation established by the evidence, it is irrelevant. ¶29 Degerstrom nonetheless argues that our decision should turn on the statement in the penultimate paragraph *896 of Stute

Nielson v. Eisenhower & Carlson

100 Wash. App. 584 · Court of Appeals of Washington · Mar 3, 2000

Following a heart surgery, Christina was diagnosed as probably having DiGeorges syndrome, a genetic condition that could affect the brain and immune system. The doctor prescribed phenobarbital for this seizure disorder. … It involves the question of whether liability should attach as a matter of law, even if the proof establishes cause in fact.” Blume, 134 Wn.2d at 252 .

Young v. Key Pharmaceuticals, Inc.

63 Wash. App. 427 · Court of Appeals of Washington · Nov 25, 1991

As the rule indicates, an inability to reach the witness by subpoena power is not sufficient to establish unavailability; the party calling the witness must also establish an inability to reach the witness by "other reasonable … Golub would thus qualify as an "unavailable" witness under ER 804(b)(1). See Rice v. Janovich, supra. The same cannot be said for Ellis.

Graham v. Notti

147 Wash. App. 629 · Court of Appeals of Washington · Dec 2, 2008

And Jolee Wilke is clearly not a “City resident.” CP at 41, 124. … statute governing disposition of lost property in the hands of a governmental entity, a closely analogous context to the animal shelter’s possession of Harlee, provides: If the property is not returned to a person validly establishing

McCormick v. Dunn & Black, PS

140 Wash. App. 873 · Court of Appeals of Washington · Sep 18, 2007

Each Director shall hold office until his death, resignation, retirement, removal, disqualification or his successor is elected and qualifies. … Directors shall be shareholders of this Corporation and legally qualified to render services as lawyers in the State of Washington. 1 CP at 103.

In re Custody of S.M.

444 P.3d 637 · Court of Appeals of Washington · Jul 1, 2019

The superior court found that Milton failed to establish adequate cause for a hearing on the petition. … Since RCW 26.10.190 clearly contemplates that a parent may seek to modify a *338 nonparental custody order, due process requires that he or she be given a meaningful opportunity to do so.

Cave Properties v. City Of Bainbridge Island

199 Wash. App. 651 · Court of Appeals of Washington · Jul 11, 2017

The established reimbursement charge was approximately $287 per frontage foot for each lot. … Clearly, this was a land use decision. Id. The facts in Sims are similar but not identical to the facts here.

State v. Wright

78 Wash. App. 93 · Court of Appeals of Washington · Jun 12, 1995

The trial court’s determination of whether there was a discriminatory purpose behind the State’s use of its peremptory challenges "will not be set aside unless clearly erroneous”. Burch, 65 Wn. App. at 841 . … It sought to end the exclusion of venire persons because of their race "or on the false assumption that members of [their] race as a group are not qualified to serve as jurors”. Batson , at 86.

Savlesky v. STATE, WASH. SCH. FOR THE DEAF

136 P.3d 152 · Court of Appeals of Washington · Jun 14, 2006

Clearly, TRI payments may qualify as "salary" for the purposes of the pay parity statute. … That rule provides that qualifying words and phrases refer to the language immediately preceding the qualifier, unless a contrary intention appears in the statute.

SEIU 775 v. Department of Social & Health Services

198 Wash. App. 745 · Court of Appeals of Washington · Apr 25, 2017

The court held that this statute qualified as an “other statute” under the PRA. Id. at 262-63. … The court held that this statute also qualified as an “other statute” under the PRA. Id. at 262-63.

Diamond v. Granite Falls School Dist.

70 P.3d 966 · Court of Appeals of Washington · May 14, 2003

By stating only a "preference," not a requirement, Ennes' message clearly did not rule out Sound Energy. VII. … There are other qualified installers. VIII. The District's Arguments: The District makes two additional arguments.

State v. Bloomstrom

12 Wash. App. 416 · Court of Appeals of Washington · Dec 31, 1974

Medical testimony established that a forcible rape could account for the damage. Two damning pieces of evidence established the essential elements of the crime. … Defendant urges that even if the complaint by the child might qualify under the excited utterance exception, still the court erred in allowing too many details of the event to be related to the jury.

Columbia Gorge Audubon Society v. Klickitat County

98 Wash. App. 618 · Court of Appeals of Washington · Dec 23, 1999

The limitation period was, however, established by Congress in the Panama Canal Act. This legislation enacts a partial waiver of sovereign immunity. Id., 849 F.2d 951 at 952 . … In Local 1829, the defendant coal company was clearly prejudiced by permitting the tardy intervention of a second union local in an action.

Dedman v. Wash. Personnel Appeals Bd.

98 Wash. App. 471 · Court of Appeals of Washington · Dec 17, 1999

During this time, DOC searched for alternative, permanent jobs for which Dedman was qualified. … Maintenance of the safety and welfare of retarded students clearly is an essential function of a teacher of such students, a function Clarke was unable to perform.