Case law

In Re the Estate of Long

82 Wash. App. 609 · Court of Appeals of Washington · Jul 12, 1996

In Newman, Leo Newman’s will established a trust for his wife. Newman, 40 Cal. Rptr. at 786. … If Thomas had intended an automatic, de jure distribution, he need not have qualified "distribution” with the adjective "complete distribution.”

In re the Personal Restraint of Dutcher

114 Wash. App. 755 · Court of Appeals of Washington · Dec 30, 2002

But the statute clearly contemplates that such decisions will be based on the merits of a release plan, and nowhere offers any authority for dispensing with such plans altogether. … its early release decisions based upon plans proposed by inmates and reviewed by the department, and has (we *766 believe wisely) not authorized any exemption from this process simply because ESRC believes the offender qualifies

Vonage America, Inc. v. City of Seattle

152 Wash. App. 12 · Court of Appeals of Washington · Jul 6, 2009

Because of the bundled nature of Vonage’s records, it is clearly difficult for the company to provide this information after the service has occurred, but the Code places the burden on the taxpayer to establish the correct … And the hearing examiner here acknowledged, “[I]t is clearly difficult for [Vonage] to provide this information.”

Hutson v. Wenatchee Federal Savings & Loan Ass'n

22 Wash. App. 91 · Court of Appeals of Washington · Dec 5, 1978

We believe that this evidence was sufficient, as a matter of law, to establish a prima facie case of implied contract sufficient to take the case to the jury. … The insurer's name shall be clearly shown in the policy. "(b) The subject of the insurance. "(c) The risk insured against.

Ocoma Foods Co. v. Newman

60 Wash. 2d 127 · Washington Supreme Court · Jun 14, 1962

The will was admitted to probate, the executors were appointed and qualified, and an inventory and appraisal were filed. … The language preceding the phrase clearly states it must appear to the court that the estate is fully solvent. This requires a court determination, which, in a court of record, must be entered in writing.

State Ex Rel. Nelson v. Superior Court

15 Wash. 2d 407 · Washington Supreme Court · Nov 14, 1942

Redfield filed in the proceeding his verified petition, praying for an order permitting *410 three qualified psychiatrists, whom he named, to examine Mrs. … Certainly no such step should be taken unless the judicial authority to make the order clearly appear, and some very real emergency should be shown to exist.

Ago

Washington Attorney General Reports · Sep 7, 2011

Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter. (1) "State agency" means any department, agency, commission, bureau, office, or any other entity or authority … by the agency, the firm deemed to be the most highly qualified to provide the services required for the proposed project.

State v. Jasper

174 Wash. 2d 96 · Washington Supreme Court · Mar 15, 2012

They were created, and in fact used, for the sole purpose of establishing critical facts at trial. … Nor does the document establish Cienfuegos’s license was revoked on April 15, 2005 because he was an “habitual offender,” as required to establish the crime of DWLS in the first degree.

State v. Nelson

65 Wash. 2d 189 · Washington Supreme Court · Nov 5, 1964

This confession was clearly hearsay, insofar as Nelson was concerned; and he was deprived of any opportunity to confront and cross examine the individual who made the confession. … It is not necessary to establish intent by direct and positive evidence but intent may be established by inference and in the same way as any other fact by taking into consideration the acts of the parties and all the facts

Spivey v. City of Bellevue

187 Wash. 2d 716 · Washington Supreme Court · Feb 9, 2017

the burden of establishing otherwise by a preponderance of the evidence. … Id. ch. 337 (veto message explaining that “the assumptions in section 1 of this bill have not been clearly validated by science and medicine’’).

Jeremy Gibson v. American Construction Company, Inc.

Court of Appeals of Washington · Sep 26, 2017

Under the LHWCA, payments are made to the qualified maritime worker regardless of employer fault. 33 U.S.C. § 904(b). … In exchange for scheduled benefits for the worker, the employer is immune from a lawsuit for the injury. 33 U.S.C. § 905(a).

State Ex Rel. O'Connell v. Meyers

51 Wash. 2d 454 · Washington Supreme Court · Dec 24, 1957

It is clear that the people, by adopting amendment 26, intended to relinquish the two-year immunity from any action by the legislature, which previously existed under the 1912 constitutional amendment. … amend by striking out one section and by inserting another, or by striking out several sections and by inserting one or several; and if it be competent to amend by striking out and inserting one, two, three, four sections, clearly

Hagemann v. Worth

56 Wash. App. 85 · Court of Appeals of Washington · Nov 28, 1989

One of the property owners testified this action was brought to prevent other businesses from being established within the plat. … They argue they are agents for the state in providing services to the elderly; the amount received on a "private pay" basis *90 roughly approximates what they would receive from the state for residents who qualify for state

Fey v. State

174 Wash. App. 435 · Court of Appeals of Washington · Apr 18, 2013

. ¶2 Although the district assigns error to dozens of trial court rulings, we agree with its principal contention: the evidence presented by the parties established, as a matter of law, that it was an essential function of … Fey’s reasonable accommodation claim, the district’s evidence clearly bore on his damage claim. See *454 Muntin v. State of Cal.

Smith v. Pierce County

District Court, W.D. Washington · Feb 22, 2023

A municipality qualifies as a 7 “person” who may be held liable under § 1983. See Monell v. Dep’t of Soc. … He has not 2 identified a policy that is the moving force behind the constitutional violations alleged in the 3 complaint, and he has not alleged facts establishing that any such policy amounts to deliberate 4 indifference

Lake Arrowhead Community Club, Inc. v. Looney

112 Wash. 2d 288 · Washington Supreme Court · Apr 13, 1989

In 1959, however, the Legislature passed a statute establishing an exception to the general rule. … This clearly falls below the standards of due process, and the majority errs in granting Arrowhead a lien to secure the debt imposed by its valid covenant.

Gregory v. Fidelity & Casualty Co. of New York

7 Wash. 2d 645 · Washington Supreme Court · Mar 1, 1941

Gregory of Seattle, had qualified as executor, the brother, George W. Gregory of Moscow, entered a contest of the will, asserting that the bequest to the “nephew George W. … In each, the cause of action was clearly predicated on the contract.

In Re Symons Frozen Foods Inc.

425 B.R. 589 · United States Bankruptcy Court, W.D. Washington · Mar 5, 2010

Watts therefore does not qualify as a PACA trust beneficiary. … This language clearly indicates that the separate writing requirement applies in the context of an agency relationship that arises before the transaction that creates the PACA trust, not in the context of the fiduciary duty

Lough v. Washington State Department of Social and Health Services

District Court, W.D. Washington · Aug 17, 2021

immunity has been decided, and requesting attorney fees for the “the 16 time spent trying to confer with [Plaintiff] and the time spent drafting this motion.” … immunity.

State v. Young

161 P.3d 967 · Washington Supreme Court · Jul 12, 2007

The adult conviction qualified Young as a persistent offender, and the trial court sentenced him to life imprisonment without the possibility of release. … We reject this argument—Brown established no such rule.