Case law

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.

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.

State v. Hooper

100 Wash. App. 179 · Court of Appeals of Washington · Feb 28, 2000

The “real facts” doctrine forbids a sentencing court from basing an exceptional sentence on unstipulated facts that establish the elements of a more serious or uncharged crime. 13 One purpose of this rule is to hold defendants … Washington has adopted a ‘Good Samaritan’ statute which provides immunity against civil liability for those who render emergency care at the scene of an emergency, unless they commit gross negligence or willM or wanton misconduct

In Re Jr

230 P.3d 1087 · Court of Appeals of Washington · May 11, 2010

. ¶ 31 J.R. fails to establish that he is a member of a similarly situated class. … s situation who once had a permanency plan, but no longer did, to qualify for reinstatement of parental rights.

Engel v. Breske

37 Wash. App. 526 · Court of Appeals of Washington · May 9, 1984

Engel sought to establish a resulting trust in a house in which her daughter and son-in-law, Judith and Fred Breske, held record title. … The Breskes qualified for a loan, and they executed a note for *528 $17,500, secured by a deed of trust. Engel did not cosign the note.

First Pioneer Trading Co. v. Pierce County

146 Wash. App. 606 · Court of Appeals of Washington · Sep 3, 2008

First Pioneer contended that its steel fabrication business qualified as a prior legal nonconforming use and, as such, was not subject to the local zoning ordinance. 1. … The applicant must show that (1) the hearing examiner mistakenly interpreted the law, (2) there was insufficient evidence to support the decision, or (3) the hearing examiner’s decision was clearly erroneous.

World Wide Video of Washington, Inc. v. City of Spokane

125 Wash. App. 289 · Court of Appeals of Washington · Jan 11, 2005

An adult retail use establishment and an adult entertainment establishment may not be located or maintained within seven hundred fifty feet, measured from the nearest building of the adult retail use establishment or of the … Barbanti clearly did not meet this deadline and accordingly waived this issue. See Lakeside Indus. v.

In Re Welfare of Lnb-L

234 P.3d 311 · Court of Appeals of Washington · Jun 29, 2010

Health Services failed to establish several elements of RCW 13.34.180(1) [3] and ICWA. … One case clearly does not support KL's assertion, stating, "[w]e do not hold that an expert ICWA witness qualified under subpart three of the Guidelines must be fluent in the cultural standards of a particular Indian tribe

Amoss v. University of Washington

40 Wash. App. 666 · Court of Appeals of Washington · May 20, 1985

Cornell Univ., 729 F.2d 85, 92 (2d Cir. 1984). 5 A prima facie case of discrimination is established by evidence that the plaintiff was a member of the protected group, was qualified for tenure, and was not granted tenure … Amoss was not qualified for tenure and concluded, based on his evaluation of the evidence, that sex was not a motivating factor in that decision.

Charlton v. Day Island Marina, Inc.

46 Wash. App. 784 · Court of Appeals of Washington · Mar 9, 1987

We doubt that a boathouse qualifies as a "product" under section 402A, given its similarities to other buildings. See footnote 2. … Super. 429 , 302 A.2d 456 (1973), we doubt that the boathouse so qualifies.

Kathleen Mancini v. City Of Tacoma

Court of Appeals of Washington · Jun 8, 2015

"Once the plaintiff has established a prima facie case of defamation, the defendant can raise either an absolute or qualified privilege to defend against liability for defamatory statements." Momah v. Bharti. 144 Wn. … Furthermore, "proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence."

Northwest Independent Forest Manufacturers v. Department of Labor & Industries

78 Wash. App. 707 · Court of Appeals of Washington · Jul 31, 1995

Clearly, NIFM is a party here, 11 but was not a party to the prior proceedings involving individual claims. … Equally clearly, an employer who was one of NIFM’s participating members was a party to each of the prior proceedings.

World Wide Video of Washington, Inc. v. City of Spokane

125 Wash. App. 289 · Court of Appeals of Washington · Jan 11, 2005

An adult retail use establishment and an adult entertainment establishment may not be located or maintained within seven hundred fifty feet, measured from the nearest building of the adult retail use establishment or of the … establishment, subject to the provisions of this section. 2.

State v. Brelvis Consulting LLC

436 P.3d 818 · Court of Appeals of Washington · Nov 20, 2018

RCW 10.52.090 ¶36 Brelvis argues that the superior court erred by ordering it to comply with the CID because, without a grant of immunity, compliance with the CID would violate RCW 10.52.090. … More importantly, the BBB page clearly relates to Brelvis and describes a "pattern of complaints" regarding Brelvis' failure to consolidate loans and respond to customer requests for refunds. CP at 164.

State v. Carter

161 Wash. App. 532 · Court of Appeals of Washington · Apr 27, 2011

Moses, 79 Wn.2d at 110 . ¶18 Second, the legislature set out the subsection (2) exemption in a separate subsection rather than including it in the definition of the offense defined in subsection (1), clearly suggesting a … Instead, the exemption is a defense that Carter had the burden of establishing. III.

State v. Plewak

46 Wash. App. 757 · Court of Appeals of Washington · Feb 9, 1987

When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. … When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly.

Samuels v. Department of Employment Security

37 Wash. App. 409 · Court of Appeals of Washington · Apr 3, 1984

Following each of these periods, as established by the 1980-81 school calendar, you will have continued employment. … Because she possessed limited education and was hired mainly because of her experience with the Indian community, she argues that it was highly unlikely she would have been qualified to hold a different liaison position.

Viewcrest Condominium Association, Res. v. Brenda L. Robertson, App.

197 Wash. App. 334 · Court of Appeals of Washington · Dec 27, 2016

Wash. 1994) ("In short, when the legislature has wanted to add exceptions to the homestead exemption, it has done so clearly and directly."). 15 RCW 6.13.070. … Applying the long-established directive to construe homestead provisions liberally, we conclude there is no specific, clear, and direct limitation on a condominium homestead that eliminates the right to possession granted

In Re The Detention Of: Jack Leck Ii

Court of Appeals of Washington · Sep 4, 2013

The second Mathews factor clearly weighs in the State' s favor. … The court' s role under the factual inquiry prong is not that of a fact finder; the court need only review facts already established, including those established in the record of the conviction resulting

Black v. National Merit Insurance

154 Wash. App. 674 · Court of Appeals of Washington · Mar 1, 2010

When interpreting a contract our primary goal is to discern the intent of the parties, and such intent must be discovered from viewing the contract as a whole.” 19 “In the absence of anything in the context of a contract clearly … Design, Inc., Profit Sharing Plan, 764 F.2d 827, 833 (11th Cir. 1985) (“It is an established principal that ‘[t]he word “or” is frequently construed to mean “and,” and vice versa, in order to carry out the evident intent