Case law

Marashi v. Lannen

55 Wash. App. 820 · Court of Appeals of Washington · Oct 26, 1989

The Lannens claim the statement of business purpose in the borrower's certificate conclusively establishes the loan comes within the business exception. … In Brown , the court considered the borrower's oral representations to the broker, which did not clearly show that the purpose of the loan was personal, then considered statements contained in the loan documents themselves

State v. Carter

74 Wash. App. 320 · Court of Appeals of Washington · May 23, 1994

As the Salvucci Court observed, the question of whether incriminating statements made in a suppression hearing may be used as impeachment is quite different from the one of whether 'use immunity’ extends only through the … Carter clearly was not an overnight guest, and her short-term presence in the room establishes nothing more than "legitimate presence”.

Yuri Prostov, App. v. Wa State Department Of Licensing, Res.

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 Ex Rel. Reeves v. Loop

157 Wash. 339 · Washington Supreme Court · Jun 10, 1930

The word ‘trustees’ wherever used in this act shall be held and construed to mean and include a regularly elected, qualified or acting member of the board of trustees provided for in section 3.” … The language employed in other parts of the act lends support to this view, for in all other cases commands and prohibitions are so clearly expressed as to leave nothing for construction.

Larsen v. Insurance Company of North America

252 F. Supp. 458 · District Court, W.D. Washington · Jul 30, 1965

Unless otherwise qualified, such a warranty does not restrict the insurance company’s liability for total losses.” 45 C.J.S. Insurance § 952 b(l), page 1144. … Hence the FPA clause of this Refrigeration Insurance Rider prevents the Plaintiff from recovering, if the above-mentioned other exceptions in said rider are not established.

State v. Olson

19 Wash. App. 885 · Court of Appeals of Washington · Apr 27, 1978

direct witness or independent evidence of corroborating circumstances of such a character as clearly to turn the scale and overcome the oath of the defendant and the legal presumption of his innocence. … Do you have any knowledge of law enforcement officers being paid by operators of gambling establishments? A. No. I do not.

Reed Taylor, App. v. Scott Bell And Jane Doe Bell, Res.

Court of Appeals of Washington · Dec 29, 2014

Ortiz. 119 Wn.2d 294, 310, 831 P.2d 1060 (1992) ("Practical experience is sufficient to qualify a witness as an expert.") … It's a different question about whether it's admissible under Idaho law. 18 This well-established and well-regarded organization publishes reports on various aspects of opinion practice.

Washington State Republican Party v. Logan

377 F. Supp. 2d 907 · District Court, W.D. Washington · Jul 15, 2005

Washington State’s “blanket primary” 2 *911 system was first established in 1935. … Rev.Code § 29A.52.116 is "clearly inconsistent with the system established under 1-872, and should be regarded as obsolete.” See State Response, docket no. 65, at 19 n. 16.

United States v. Boshell

728 F. Supp. 632 · District Court, E.D. Washington · Jan 11, 1990

The same section goes on to provide as follows: The Commission, in the guidelines promulgated pursuant to subsection (a)(1), shall for each category of offense involving each category of defendant, establish a sentencing … Michael Innis - Granted pocket immunity With the exception of Mr.

State v. We

158 P.3d 1238 · Court of Appeals of Washington · May 22, 2007

We must establish both deficient performance and resulting prejudice. McFarland, 127 Wash.2d at 334-35 , 899 P.2d 1251 . … He certainly was not then qualified to testify as an expert on financial motivation. See id.

State v. Jones

59 Wash. App. 744 · Court of Appeals of Washington · Dec 10, 1990

The well-established rule in Washington is that the trial court's reasons for imposing a sentence outside the standard range must take into account factors other than those which are necessarily considered in determining … In sum, the trial court's reason for imposing an exceptional sentence is supported by the record and not "clearly erroneous". See State v. McAlpin, 108 Wn.2d 458, 462 , 740 P.2d 824 (1987).

Wilder v. United States Army Corps of Engineers

District Court, W.D. Washington · May 5, 2021

To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 20 established that judges are absolutely immune from … Plaintiff is hereby 17 ORDERED to file on or before June 1, 2021, an amended complaint which clearly and concisely 18

In Re Detention of Williams

55 P.3d 597 · Washington Supreme Court · Oct 10, 2002

One examination does not mean one expert; our rule clearly contemplates multiple examiners at an exam. Former CR 35(a). … Medical science has established standards, such as range of motion in degrees, which may be recorded by one examiner and interpreted by others.

Department of Ecology v. City of Kirkland

84 Wash. 2d 25 · Washington Supreme Court · Jul 3, 1974

statement declaring that the board was unable to render any decision or to enter any orders since four members could not concur under RCW 90.58.170: A shorelines hearings board sitting as a quasi judicial body is hereby established … As such, it in effect determined the action or proceeding and fixed a legal relationship between the parties, thus rendering that decision “ripe for review” and fully qualifying it as a “final decision” under RCW 34.04.130

John Hancock Mutual Life Insurance v. Gooley

196 Wash. 357 · Washington Supreme Court · Oct 3, 1938

This rule is well established, and has been repeatedly followed by this court. The doctrine that a judgment, void on its face, may be attacked without any showing of merits is equally well established. … the other judgment must be shown by evidence de hors the record, but in law1 both judgments are void, and it is difficult to understand why the filing of a false affidavit or return should render a judgment based thereon immune

Qualey v. Pierce County

District Court, W.D. Washington · Feb 26, 2025

Plaintiff explains that the issues of fact 3 the Court found on the issue of qualified immunity would “be equally applicable” to the State 4 law claim for wrongful death. … The first, the Court’s dismissal of Pierce County 17 and Sheriff Troyer for failing to implement state mandated de-escalation policies, could have 18 easily been raised or more clearly briefed in Plaintiff’s response

The GEO Group Inc v. City of Tacoma

District Court, W.D. Washington · Nov 13, 2019

B. 11 This evidence is sufficient to establish standing and ripeness. … Intergovernmental Immunity 13 The so-called “intergovernmental immunity doctrine” derives from the Supreme Court’s 14 decision in McCulloch v.

CalPortland Co. v. LevelOne Concrete, LLC

180 Wash. App. 379 · Court of Appeals of Washington · Mar 25, 2014

Ferguson correctly argues that the statute’s language clearly establishes its meaning and that this court should therefore not engage in statutory interpretation. … In fact, the plain terms of the statute rendered Costco’s property immune from “any action brought to recover the amount claimed” by CalPortland. RCW 60.04.161.

Wells v. Whatcom County Water Dist. No. 10

19 P.3d 453 · Court of Appeals of Washington · Mar 5, 2001

First, the information Wells and WDF rely on to argue that the District must prepare an SEIS does not qualify as "new information" under the SEPA regulations. … While his comment about compensation was unnecessary, it was made in the context of a CUP criterion and clearly did not influence his evaluation of that factor.

Ford v. Trendwest Resorts, Inc.

146 Wash. 2d 146 · Washington Supreme Court · Apr 11, 2002

The customer clearly suffered injury; he had to be taken to the hospital for treatment and Gaglidari was summarily dismissed. … However, when Kohn sought to return from medical leave, she found her job had been eliminated, and she was not offered other available positions for which she may have been qualified.