Case law

Scrivener v. Clark College

181 Wash. 2d 439 · Washington Supreme Court · Sep 18, 2014

Our case law clearly establishes that it is the plaintiff’s burden at trial to prove that discrimination was a substantial factor in an adverse employment action, not the only motivating factor. … It argued that the other candidates were clearly qualified and were the “best fit” for the college and department. These are vague descriptions.

Lenci v. City of Seattle

63 Wash. 2d 664 · Washington Supreme Court · Jan 30, 1964

Dwyer, 56 Wn. (2d) 425, 435, 353 P. (2d) 941 : *672 “Article I, § 12 of the state constitution and the fourteenth amendment to the Federal constitution, prohibiting special privileges and immunities and guaranteeing equal … Hurst, supra, a municipal ordinance, to be judicially pronounced void for unreasonableness, must be clearly and plainly unreasonable.

Stevens v. Naches State Bank

136 Wash. 137 · Washington Supreme Court · Sep 11, 1925

Parker, 121 Wash. 24 , 207 Pac. 1062 , we have established the rule that the husband’s disposition must be in the- interest of the- community, and that a gift of community personal property by the husband is void. … Rue, *144 supra, the property in question was given by the husband to his paramour, which clearly was a fraud upon the- wife. And in Parker v.

Moore v. Kirkman

19 Wash. 605 · Washington Supreme Court · Jul 12, 1898

The will was presented for probate and duly proved and established in the probate department of the superior court. No order was made by the court providing for notice to creditors. … Smith, 62 Tex. 251 , it was held that, where a will is made under the statute, and the executor has qualified as therein required, the estate is withdrawn from the jurisdiction and control of the county court. ...

In re the Marriage of Lee

176 Wash. App. 678 · Court of Appeals of Washington · Sep 16, 2013

Qualified Domestic Relations Order ¶17 Kennard argues that the trial court erred by refusing to enter the QDRO as presented by her attorney. … The language of RCW 26.09.140 clearly makes an award of fees and costs discretionary.

Lawyers Title Ins. Corp. v. Baik

55 P.3d 619 · Washington Supreme Court · Oct 17, 2002

By according the decedent resident status, the Estate would qualify for a unified tax credit of approximately $192,000, instead of the credit of $13,000 applicable to nonresidents. … Relying on clearly established Washington precedent, the Court of Appeals properly concluded that Lawyers Title's reliance on Chae's letter as a guaranty of no ultimate tax liability was not justified because it "failed to

Ago

Washington Attorney General Reports · Mar 26, 2003

They include designating or establishing a standard health questionnaire, obtaining a certification from a qualified actuary that the questionnaire meets certain statutory requirements, establishing rates and rate schedules … Perhaps more significantly, the Legislature has considered the question of civil and criminal immunity and has adopted a statutory standard in this area: Neither the participation by members, the establishment of rates, forms

Tahoma Audubon Society v. Park Junction Partners

128 Wash. App. 671 · Court of Appeals of Washington · Aug 3, 2005

In the DEIS, PALS concluded that the conference center qualified as a “critical facility” under the PCC: PCPALS [Pierce County Planning and Land Services] has determined that the conference center qualifies as a critical … load of 300 or more without a legitimate stage,” the conference center qualifies as a Group A occupancy.

State v. Cross

156 Wash. 2d 580 · Washington Supreme Court · Mar 30, 2006

However, an Ohio statute immunized witness testimony, meaning self-incrimination was not possible as a matter of law. … Cross has not established that the Washington death penalty is unconstitutional.

Perez v. Grey

District Court, W.D. Washington · Mar 30, 2023

Grey Is Not Entitled to Summary Judgment on Qualified Immunity 3 Defendants argue that in the event the Court disagrees with the R&R, they are nevertheless 4 entitled to qualified immunity on Mr. … Likewise, this 7 Court need not address qualified immunity with respect to claims for which Mr. Perez has failed 8 to establish a triable issue of fact. It therefore addresses qualified immunity only for Mr.

Fleury v. Water District No. 2

53 Wash. 2d 270 · Washington Supreme Court · Dec 18, 1958

hereinafter described as set forth in Resolution No. 2 adopted by the Board of Water Commissioners of the District on the 22nd day of October, 1952, which general comprehensive scheme or plan of water supply was ratified by the qualified … It clearly appears that by stating the nature of the improvement as the word is defined in Webster’s New International Dictionary, supra, it would be difficult for one reading the resolution to misconceive its purpose.

State v. Delgado

148 Wash. 2d 723 · Washington Supreme Court · Feb 20, 2003

If so, then the prior conviction should qualify as a strike even if the caption of the statute under which the perpetrator was convicted is different from an “offense listed.” … that it is to be established without regard to the prior record.

State v. Walker

14 Wash. App. 348 · Court of Appeals of Washington · Oct 9, 1975

But there is no civil right to be immune from impeachment. The edge of the Bock decision is dulled, however, when one examines the Idaho statute relied upon in the quoted portion of that opinion. … The appellate court held this to be error, but harmless in the circumstances, and went on to cite Tate and Knott as establishing the rule in Washington that a conviction, even though followed by a deferred sentence is proper

Makah Indian Tribe, V. Commissioner Of Public Lands Hilary Franz

Court of Appeals of Washington · May 25, 2021

DNR argues that these timber sales do not qualify as “proposals,” and they are not sufficiently definite for a meaningful SEPA review. … A “proposal” will not qualify for a categorical exemption from SEPA if it is a “segment of a proposal that includes . . .

Centennial Villas, Inc. v. Department of Social & Health Services

47 Wash. App. 42 · Court of Appeals of Washington · Mar 2, 1987

First, RCW 70.38.105(4)(a) provides that ”[t]he construction, development, or other establishment of a new health care facility" is subject to CON review. … The proposed services to be offered by the respondents qualify them as home health care agencies.

City of Spokane v. Spokane County

179 Wash. 130 · Washington Supreme Court · Sep 26, 1934

The state itself could establish and improve the streets within the cities without challenge of its legal right to do so. It has chosen rather to act through municipal agencies of its own creation. … The trial court, in a learned and exhaustive opinion, fully and clearly covered the issues in the case, and its decision is here affirmed. Beals, C. J., Blake, Holcomb, and Tolman, JJ., concur.

State v. Bellerouche

129 Wash. App. 912 · Court of Appeals of Washington · Oct 10, 2005

Belle-rouche was not a police officer on official business, and unlike the officers in these cases, Bellerouche had been served with a notice to stay off the property in question. f 13 The trespass notices served on Bellerouche clearly … A trespass notice is not the functional equivalent of testimony and may be admitted as a business record. ¶16 Police reports may be business records. 17 Bellerouche does not contend the second trespass notice did not qualify

Gorre v. City of Tacoma

Washington Supreme Court · Aug 27, 2015

The legislature clearly drafted RCW 51.32.185(3) to restrict RCW 51.32.185(1)(c)'s cancer presumption, which "shall only apply to" the specific cancers it identifies. … To qualify for benefits, a claimant generally bears the burden of establishing causation between the workplace conditions and the disease.

Tarver v. City Commission of Bremerton

72 Wash. 2d 726 · Washington Supreme Court · Dec 14, 1967

Even though the city may establish standards for the licensing of taxicab drivers or for the revoking of such licenses, petitioner would urge this court to require a degree of definiteness and precision in the establishment … The discretion of the commissioner is qualified by his duty, and besides, as we have seen, the statute gives judicial review of his action.

State v. Eplett

167 Wash. App. 660 · Court of Appeals of Washington · Apr 10, 2012

Br. of Appellant at 9; CP at 63. ¶13 In Workman, our Supreme Court held that “it would be proper for a trial court to include in its instruction to a jury on the crime of attempt the qualifying statement that *666 in order … person commits the crime of attempted rape of a child in the second degree when, with intent to commit that crime, he or she does any act that is a substantial step toward the commission of that crime’’ the two instructions clearly