Case law

Moshrif v. King County Prosecution Office

District Court, W.D. Washington · Oct 15, 2024

No. 5 at 6, which may mean, depending on the specific charges, that it qualifies as a crime 24 involving moral turpitude, see Fernandez-Ruiz v. … Moshrif also has the burden to establish that his claim is not barred by the applicable 22 statutes of limitations. And finally, Mr.

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.

City of Moses Lake v. United States

430 F. Supp. 2d 1164 · District Court, E.D. Washington · May 4, 2006

11 That does not qualify as a “continuing tort.” If anything, it represents a potentially new tort claim which has yet to accrue because there has been no injury as yet. … As stated in the court’s previous order, if and when one of the wells exceeds the MCL for TCE, Moses Lake will have a cause of action because clearly then a health risk will exist.

Department of Labor & Industries v. Lyons Enterprises, Inc.

185 Wash. 2d 721 · Washington Supreme Court · May 19, 2016

Any subordinates must be “qualified and competent,” and franchisees are responsible for training the subordinates. … And such employees shall be duly qualified and licensed to drive and over the age of 25 years.’ ” Id. (quoting lease).

Zech v. Bell

94 Wash. 344 · Washington Supreme Court · Jan 24, 1917

Evidence upon that question was received and the court, determining that such relations existed and that an accounting was necessary, ordered a reference and appointed a referee, and the referee thereupon qualified and proceeded … But his testimony that it customarily amounted in his business to a certain percentage does not establish a general custom to that effect, nor a particular custom of that trade, and without proof of a general trade custom

TorchStar Corp v. Hyatech Inc

District Court, E.D. Washington · Jan 6, 2023

conducts including falsely accusing Defendant of copyright infringement on 12 Plaintiff’s marketing materials, while knowing that Plaintiff’s marketing materials 13 could not satisfy the minimum degree of creativity to qualify … That said, to the extent Defendant is seeking liability and damages 13 because Plaintiff filed its lawsuit, the Court find that questions of fact exist 14 whether certain claims that are being asserted by Plaintiff qualify

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."

Halstead

District Court, W.D. Washington · Mar 18, 2026

A court may issue an ex parte TRO “only if specific facts in an affidavit or a verified 11 complaint clearly show that immediate and irreparable injury, loss, or damage will result to the 12 movant before the adverse … The doctrine of judicial immunity applies to § 1983 actions such as 12 this one, “for the [§ 1983] legislative record gave no indication that Congress intended to abolish 13 this long-established principle.”

Davis v. Microsoft Corp.

149 Wash. 2d 521 · Washington Supreme Court · Jun 5, 2003

Davis failed to establish the second element of his prima facie case—that he was qualified to perform the essential functions of the job in question. … Microsoft stated very clearly its reason for not making a definitive determination whether a job would in fact accommodate Davis’s disability.

State Ex Rel. Quick-Ruben v. Verharen

969 P.2d 64 · Washington Supreme Court · Dec 24, 1998

Here, although the trial court's May 15, 1997 order did not rule on all five of the motions before it, the order clearly dismissed the case based on Quick-Ruben's lack of standing and premature filing. … Fiske, 48 Wash.2d 69, 72 , 290 P.2d 725 (1955) (a residence once established is presumed to continue, and the burden is upon him who asserts a change from a residence once it is established); Polk v.

MacKenzie v. State

32 Wash. 657 · Washington Supreme Court · Sep 18, 1903

In any event, her previous election and her subsequent ratification thereof by her conduct as aforesaid established such relation. … established for examination as preliminary to holding the certificates mentioned in the section quoted.

State v. Smith

95 Wash. 271 · Washington Supreme Court · Mar 13, 1917

prejudiced, for this instruction- does not necessarily give the impression that there was evidence of other acts on the part of appellant besides the one charged in the information, because the words “if any” used therein clearly … show that the instruction was qualified and conditional and based on a possibility rather than a fact assumed. *276 Appellant’s present counsel was not in the case at the time it came to -trial, and it is now urged that

King County v. Central Puget Sound

14 P.3d 133 · Washington Supreme Court · Dec 14, 2000

To find an action "clearly erroneous," the Board must be "left with the firm and definite conviction that a mistake has been committed." Dep't of Ecology v. Pub. Util. … Therefore, the properties in this case do not qualify for "innovative zoning techniques."

Immigration Assistance Project v. Immigration & Naturalization Service

709 F. Supp. 998 · District Court, W.D. Washington · Mar 7, 1989

INS regulations clearly create two classes of applicants. … The court’s ruling today only establishes legal standards which the INS must follow if it does not already do so.

League of Education Voters v. State

176 Wash. 2d 808 · Washington Supreme Court · Feb 28, 2013

They choose not to and, as is further explained below, were aware of other states’ constitutional provisions in existence at the time that more clearly establish a simple majority vote as á ceiling. … The History Surrounding Article II, Section 22 Shows That the Section Simply Establishes a Quorum Requirement ¶77 The majority opinion disregards historical evidence that clearly establishes that the framers intended to create

Young v. Konz

91 Wash. 2d 532 · Washington Supreme Court · Jan 5, 1979

Rptr. 632 (1974), cited and relied upon by the defendants, is clearly the minority position. … courts *541 as the legislature may establish.

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.

In Re Utility Local Imp. Dist.

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 … (Italics ours.) [1] 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