Case law

State v. Kane

23 Wash. App. 107 · Court of Appeals of Washington · Apr 16, 1979

In the instant case defendant's closed account and NSF checks were clearly relevant to negating his claim he "accidentally" grabbed the wrong checkbook. … It provides: A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was

Strong v. Department of Retirement Systems

61 Wash. App. 457 · Court of Appeals of Washington · May 28, 1991

RCW 41.40.170(3) establishes a military credit that can figure into the computation of an employee's pension under PERS. … Neither Strong nor the Department argues that he is an "original member", and clearly he is not. RCW 41.40.185 provides the method for computing the pension.

Woods v. Bailet

67 P.3d 511 · Court of Appeals of Washington · Apr 21, 2003

RCW 4.96.010 waives sovereign immunity for all local government entities. … A public health authority established by a municipality for the purpose of providing free or low-cost health care clearly falls within that definition.

Nielson v. Eisenhower & Carlson

999 P.2d 42 · 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."

State v. JN

64 Wash. App. 112 · Court of Appeals of Washington · Feb 3, 1992

and convincingly support the conclusion that a disposition within the range ... would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient. … NOTES [1] J.N. argues that there is no showing that Bernhardt and Kahn are qualified to render an opinion on J.N.'s risk of reoffending.

Woods v. Bailet

116 Wash. App. 658 · Court of Appeals of Washington · Apr 21, 2003

RCW 4.96.010(1) waives sovereign immunity for all local governmental entities. … A public health authority established by a municipality for the purpose of providing free or low-cost health care clearly falls within that definition.

Fairbanks v. Norman

142 Wash. App. 950 · Court of Appeals of Washington · Feb 5, 2008

The trial court found that the statute “clearly requires that the [Social Security] disability dependent benefit ‘be treated for all purposes as if [Mr. … Norman relies on CR 54(a)(1) to support his claim that the trial court’s order setting the amount of overpayment qualifies as a money judgment.

State v. Singh

167 Wash. App. 971 · Court of Appeals of Washington · May 3, 2012

The three taped recordings here established what Ms. … However, the answer was qualified in its terms and, hence, ambiguous in the context of her testimony.

Jackson v. Peoples Federal Credit Union

25 Wash. App. 81 · Court of Appeals of Washington · Dec 31, 1979

In the pursuit of the lawful remedy, did the creditor use measures which were clearly and obviously excessive? … Such conduct would qualify as "reckless." Restatement (Second) of Torts § 46, comment e, illustration 7. 4.

Prostov v. Department of Licensing

186 Wash. App. 795 · Court of Appeals of Washington · Apr 6, 2015

Laurie Provoe’s uncontested testimony established that a paper application to renew a driver’s license is not required. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought. RCW 4.84.350(1).

State v. Wilkerson

107 Wash. App. 748 · Court of Appeals of Washington · Jul 16, 2001

I’m going to reserve that to give everyone concerned an opportunity to evaluate the report that will be received from a qualified agency.” … The district court imposed the modification in open court with Wilkerson present after a contested hearing, and set forth the new condition clearly and precisely in a sentencing order.

Filo Foods, LLC v. City of SeaTac

179 Wash. App. 401 · Court of Appeals of Washington · Feb 10, 2014

It is found in Title 35A RCW, the title that allows for the *413 establishment of optional municipal code cities and defines how such cities shall be governed and operated. SeaTac is an optional municipal code city. … They clearly do not fear the popular will — if they did, they would not have granted their residents initiative and referendum powers in the first place.

Rossmiller v. Rossmiller

48 P.3d 377 · Court of Appeals of Washington · Jun 21, 2002

He also argues that the court should have considered all the factors in RCW 26.09.187(3)(a) for establishing a general parenting plan. … I was hopeful that, with counseling, the relationship between Petitioner and Respondent would improve so as to qualify for joint custody.

Falkner v. Foshaug

108 Wash. App. 113 · Court of Appeals of Washington · Aug 27, 2001

Clearly, there is no showing of exoneration that has been made. … In Krahn , the attorney failed to convey a plea offer, and in Gebhardt , an offer of immunity. Several commentators have also criticized the innocence requirement as unnecessary and unfair. See, e.g., Susan M.

Barker v. Advanced Silicon Materials, LLC

131 Wash. App. 616 · Court of Appeals of Washington · Feb 14, 2006

Champion was clearly the stronger management candidate. Even if a trier of fact were to find that Ms. … Barker “failed to establish by a preponderance of the evidence that ASIMI’s decision to terminate her employment was moti *629 vated in any respect by retaliation for her lawsuit.”

Newlun v. Department of Retirement Systems

53 Wash. App. 809 · Court of Appeals of Washington · Apr 13, 1989

Because of the remedial purpose of such statutes ... a forfeiture or waiver of pension rights should be found only where clearly intended by the parties. … Purchard's. statements before the local board qualify the impressions of Mr. Newlun and others regarding his job performance: Mr.

Wa Education Association, V. Dept.of Retirement Systems

Court of Appeals of Washington · Mar 28, 2022

We conclude that a recent amendment to RCW 42.56.250(8) prohibits DRS and OFM from disclosing the month and year of birth of any public employee unless the Foundation can establish that it is a member of the “news media … The plain language of RCW 42.56.590(10)(a) clearly limits its application to the security breach context. Whenever possible, we give meaning to every word and phrase the legislature uses. Spokane County v.

In Re Parentage of Fairbanks

176 P.3d 611 · Court of Appeals of Washington · Feb 5, 2008

The trial court found that the statute "clearly requires that the SS disability dependent benefit `be treated for all purposes as if [Mr. … Norman relies on CR 54(a)(1) to support his claim that the trial court's order setting the amount of overpayment qualifies as a money judgment.

Kevin Hanefeld v. King County

Court of Appeals of Washington · Nov 19, 2018

Discretionary Immunity In Evangelical United Brethren Church of Adna v. … In order for a decision to qualify as discretionary, the State must show that the decision was the outcome of a conscious balancing of risks and advantages. Id. at 214-15. In Avellaneda v. State, 167 Wn.

Richard Plein, Et Ano, Resps v. Usaa Casualty Ins Co., Pet

445 P.3d 574 · Court of Appeals of Washington · Jul 29, 2019

Below, we apply this definition as well as other provisions of the comment and conclude that this case and the prior representation of USAA qualify as substantially related.9 ~ Even though Comment 3 clearly addresses … While the specific facts of the Pleins’ case may qualify as distinct, Keller learned significant confidential information about USAA’s strategies for bad faith litigation.