Case law

Baldwin v. City of Seattle

55 Wash. App. 241 · Court of Appeals of Washington · Aug 14, 1989

regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation *248 of any rights, privileges, or immunities … The explanatory paragraph of the Operational Standards section which contains the word "outshoot" is clearly meant to explain to ERT members the reason for the ERT's rigorous dismissal policy.

Vasquez v. STATE, DSHS

94 Wash. App. 976 · Court of Appeals of Washington · Apr 6, 1999

Exhaustion is required when: (1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of complaints by aggrieved parties; and (3) the administrative … Glassen clearly believed Detective Perez’s investigation was abusive and wrong, but there is no indication he opposed it on grounds of unlawful discrimination. Mr.

State v. Utter

4 Wash. App. 137 · Court of Appeals of Washington · Jan 25, 1971

Thus, in order to establish either, the fact of homicide must first be established. Appellant contends that his evidence was presented for the purpose of determining whether in fact a homicide had been committed. … The mental disturbance may or may not be sufficient to establish legal insanity.

Matter of Detention of Chorney

64 Wash. App. 469 · Court of Appeals of Washington · Mar 31, 1992

Thus, the statute establishes procedures to protect a good faith voluntary patient from being compelled to submit to involuntary treatment. … This treatment alternative was clearly unreasonable.

State v. Green

230 P.3d 654 · Court of Appeals of Washington · May 11, 2010

Clearly our legislature's intent in enacting our sex offender statute was similar to the intent of California's statute. … But the dissent fails to sufficiently demonstrate that the legislature clearly intended to establish a discrete "unit of prosecution" every 90 days.

State v. Payne

54 Wash. App. 240 · Court of Appeals of Washington · May 25, 1989

The court concluded the affidavit did not sufficiently establish the informant's credibility, and that his information was too stale to establish probable cause. … These facts clearly indicate the criminal activity was ongoing, and the issuing magistrate could reasonably infer the operation was continuing at the time. See State v. Hall, 53 Wn.

Eisenbach v. Schneider

166 P.3d 858 · Court of Appeals of Washington · Sep 10, 2007

Accordingly, most of the findings are verities on appeal. [7] Estate Plan ¶ 12 In May 1979, Marvin and Martha Eisenbach established a trust indenture. … The trustee also allocated approximately $1.6 million to the latter subshare (the "B-2 trust" or "Qualified Terminable Interest Property (`QTIP') trust").

State v. Land

172 Wash. App. 593 · Court of Appeals of Washington · Jan 7, 2013

Do not frequent establishments whose primary business pertains to sexually explicit or erotic material. … The testing can properly be ordered incident to crime-related treatment by a qualified provider. State v. Castro, 141 Wn. App. 485, 494 , 170 P.3d 78 (2007).

Discover Bank v. Lemley

180 Wash. App. 121 · Court of Appeals of Washington · Mar 18, 2014

“Any other summary judgment pleadings,” the court explained, “were clearly designated for [Discover’s] own later scheduled ... noticed hearing.” CP at 851. … Our ruling also does not address whether Joshua Smith or James Ball qualifies to testify to the facts stated in their respective affidavits or whether either qualifies to identify the documents attached to their respective

State v. Burch

65 Wash. App. 828 · Court of Appeals of Washington · May 26, 1992

Because the trial court's findings "largely will turn on evaluation of credibility," Batson, *841 476 U.S. at 98 n.21, they will not be set aside unless clearly erroneous. Hernandez, 111 S. Ct. at 1871 . … Batson clearly directs that the trial court consider "all relevant circumstances" in determining whether an inference of discrimination has been raised. 476 U.S. at 96-97 .

Fagg v. Bartells Asbestos Settlement Trust

184 Wash. App. 804 · Court of Appeals of Washington · Dec 8, 2014

. ¶4 PWWS and CSK each moved for summary judgment, claiming that Fagg’s negligence and strict liability claims were precluded by the WPLA, that they are immune from liability under the WPLA, and that Fagg failed to establish … The statute immunizes product sellers from product liability claims except under certain enumerated circumstances.

Department Of Labor & Industries v. Tradesmen International, Llc

Court of Appeals of Washington · Aug 17, 2020

The Department also 3 No. 79634-8-I/4 cited Tradesmen with two serious violations for failing to ensure that (1) fall protection systems were implemented, and (2) a qualified … The Directive, which establishes inspection and enforcement policies for situations involving two or more employers, states that the Department should cite an employer for a violation of which it knew or clearly should

Burgdorf v. State

61 Wash. App. 918 · Court of Appeals of Washington · Jul 17, 1991

However, we may consider her argument because she clearly argues in her brief that the trial court erred in refusing to give alternate proposed instructions 7 and 9. See State v. Clark, 53 Wn. … Burgdorf argues that the Zorotovich court qualified the first element of the general test because its plaintiff was injured in a transition area.

Hitchcock v. Department of Retirement Systems

39 Wash. App. 67 · Court of Appeals of Washington · Dec 4, 1984

Sellers , at 322-30, establishes the rules applicable to the three types of reviewable issues: issues of fact, issues of law, and mixed issues of law and fact. … The more recent Renton case applies the clearly erroneous test, however. Although Dr.

Warner v. Regent Assisted Living

130 P.3d 865 · Court of Appeals of Washington · Mar 20, 2006

The VAS does not require expert testimony to establish "neglect," "pain and suffering," or resulting damages. … considered whether Mantooth's statement qualified as an excited utterance.

Garrison v. SagePoint Financial, Inc.

185 Wash. App. 461 · Court of Appeals of Washington · Jan 20, 2015

See NASD R. 3040(e)(1). ¶47 Under the “last antecedent rule” of statutory construction, a qualifying phrase refers to the last antecedent unless there is “ ‘a comma before the qualifying phrase.’ ” Berrocal v. … Here, use of the comma before the qualifying phrase “for which no associated person receives any selling compensation” means the qualifying phrase applies to both preceding antecedents: “transactions subject to the notification

State v. Hooper

997 P.2d 936 · Court of Appeals of Washington · Apr 12, 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 willful or wanton

City of Des Moines v. Gray Businesses, L.L.C.

130 Wash. App. 600 · Court of Appeals of Washington · Dec 5, 2005

In 1986, Des Moines established a “Highway Commercial Zone” around Pacific Highway South that included Pine Terrace. … But clearly, not every government action that takes, damages, or destroys property is a taking.

State v. Monson

53 Wash. App. 854 · Court of Appeals of Washington · Apr 17, 1989

Clearly, "hearsay contents" (italicized above) refers to the victim's narrative account, contained in the records, and not to the records themselves. … Indeed, a close reading of White discloses it did not purport to establish this "rule”.

State v. Carter

255 P.3d 721 · Court of Appeals of Washington · Apr 27, 2011

Moses, 79 Wash.2d at 110 , 483 P.2d 832 . ¶ 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 … Instead, the exemption is a defense that Carter had the burden of establishing. III.