Case law

In the Matter of Marriage of Stern

57 Wash. App. 707 · Court of Appeals of Washington · Apr 30, 1990

Finding of fact 1.13, which qualifies finding of fact 1.12, provides: Although joint parenting between the parents was successful at the beginning of their divorce, joint custody has not operated since the spanking incident … The harm that is likely to be caused by perpetuating a clearly unworkable joint custody arrangement is outweighed by the advantage to both children to live in a less conflictual environment.

Flenaugh

District Court, W.D. Washington · Mar 19, 2026

The party asserting jurisdiction has the burden of establishing it. See United States 22 v. … First, the 3 amended complaint fails to establish an Article III injury. The Court is unable to determine how 4 the alleged conduct of U.S.

Potts v. Fortune

80 Wash. 302 · Washington Supreme Court · Jun 30, 1914

After pointing out that a master would not ordinarily be justified in assuming that a person who seeks a position is qualified to fill it, he says: “It is therefore well established that, where the service in which the servant … On cross-examination, it clearly developed that, if the respondent spoke of this matter more than once to the appellant, all save the first instance were after the respondent’s injury.

State v. Russell

141 Wash. App. 733 · Court of Appeals of Washington · Nov 14, 2007

At sentencing, the trial court found by a preponderance of the evidence that Russell had two prior convictions “of the most serious offense[ ],” thereby qualifying him as a persistent offender under the POAA enumerated in … GR 16(c)(l)-(3). ¶18 Here, the record clearly shows that the trial court complied with the GR 16 requirements.

In Re the Proceeding for the Disbarment of Boland

140 Wash. 148 · Washington Supreme Court · Aug 12, 1926

The Receiver qualified but left the personal property in the garage building of the corporation, but placed the same under his own lock and key. … He clearly and emphatically denies any intent to so profit, and, in the absence of any direct evidence to the contrary, the suspicion will not be permitted to prevail.

Scarsella Bros., Inc. v. Department of Licensing

53 Wash. App. 882 · Court of Appeals of Washington · Apr 24, 1989

The amendment does not "give back" any collected tax, it only changes the procedure for qualifying for an exemption. … [is] consumed in the propulsion of motor vehicles on the highways of this state, unless the contrary is established by satisfactory evidence.'' (Italics ours.)

State v. Garcia

193 P.3d 181 · Court of Appeals of Washington · Sep 23, 2008

And that is clearly a requirement of the statute under which he was prosecuted. RCW 9A.36.031(1)(a) ("A person is guilty of assault in the third degree if he ... … It is an immunity statute for civil actions against mercantile establishments. And this is a criminal prosecution. ¶ 26 Mr. Garcia also argues that the State did not prove all elements of the federal assault statute.

Brelvis Consulting, Llc v. State Of Washington

430 P.3d 685 · Court of Appeals of Washington · Nov 20, 2018

Second, the Privileges and Immunities Clause of our state constitution treats citizens and corporations as separate categories. … More importantly, the BBB page clearly relates to Brelvis and describes a “pattern of complaints” regarding Brelvis’ failure to consolidate loans and respond to customer requests for refunds. CP at 164.

Miller v. City of Bainbridge Island

111 Wash. App. 152 · Court of Appeals of Washington · Apr 12, 2002

The Strawberry Plant clearly did not qualify as residential; therefore, in 1969, the Strawberry Plant’s then-current uses became legal nonconforming uses. … Substantial evidence in the record clearly supports the hearing examiner’s determination that Miller failed to sustain his burden on this issue, and it is affirmed.

City of Seattle v. Clark

28 Wash. 717 · Washington Supreme Court · Jun 27, 1902

with the general laws of the state in force at the time the same is granted, nor shall any license he granted authorizing the selling or giving away of any such liquors within one mile of any military post or reservation established … Such proposed charter shall be submitted to the qualified electors of said city, and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said city, and shall become the

Boland v. King County Medical Blue Shield

798 F. Supp. 638 · District Court, W.D. Washington · Jul 9, 1992

The language of the Plan clearly confers authority on the Administrator, and the plaintiff does not dispute this point. … Every employee benefit plan shall be established and maintained pursuant to a written instrument.

Miller v. City of Bainbridge Island

43 P.3d 1250 · Court of Appeals of Washington · Apr 12, 2002

The Strawberry Plant clearly did not qualify as residential; therefore, in 1969, the Strawberry Plant's then-current uses became legal nonconforming uses. … Substantial evidence in the record clearly supports the hearing examiner's determination that Miller failed to sustain his burden on this issue, and it is affirmed.

Ramirez v. Dougherty

23 F. Supp. 3d 1322 · District Court, W.D. Washington · May 30, 2014

Just as the Sixth Circuit explained, “The issue is not whether all TPS beneficiaries automatically qualify for LPR adjustment under § 1255. … Ramirez has been in the United States for about fifteen years; he has established roots here. Just like the plaintiff in Flores , Mr.

Dotson v. Haddock

46 Wash. 2d 52 · Washington Supreme Court · Jan 6, 1955

Dotson testified that it was sufficiently dark so that the steps were not clearly discernible as she went into respondents’ home. There were four or five .other people with her when she arrived. … It speaks of failure to warn —but omits the qualifying phrase “without exercising reasonable care” to so warn. We, therefore, conclude that the proposed instruction finds no support in the Restatement of Torts.

Brees v. HMS Global Maritime Inc

District Court, W.D. Washington · Nov 12, 2019

Id. 15 “The work-product rule is not a privilege but a qualified immunity protecting from 16 discovery documents and tangible things prepared by a party or his representative … Ripa is clearly privileged. Mr. Ripa was a witness to the alleged May 18, 2018 incident 2 while working within the scope of his duties as an HMS Ferries crewmember and provided 3 information to Mr.

Utter v. Bldg. Indus. Ass'n of Wash.

Washington Supreme Court · Jan 22, 2015

BIA W established BIAW-MSC largely to administer a "retro program" under rules established by the Department of Labor and Industries (L&I). Clerk's Papers (CP) at 175. … Ass 'n of Wash., No. 89462-1 analysis of whether a particular investigation was thorough enough to qualify as an "action," especially without established standards to help the courts make such a determination.

D.W. Close Co. v. Department of Labor & Industries

143 Wash. App. 118 · Court of Appeals of Washington · Feb 11, 2008

“An agency acting within the ambit of its administrative functions normally is best qualified to interpret its own rules, and its interpretation is entitled to considerable deference by the courts.” Pac. … It clearly reflects one view of industry practice and was not “willful and unreasoning and taken without regard to the attending facts or circumstances.” Wash. Indep., 148 Wn.2d at 905 .

Airport Communities Coalition v. Graves

280 F. Supp. 2d 1207 · District Court, W.D. Washington · Aug 18, 2003

As for the Eleventh Amendment, it addresses the immunity of states to suit. Nothing in Section 401 implicates sovereign immunity. … None of the three quantitative methodologies qualified for Washington, however, have been tailored to the slope wetlands that make up 30 percent of the impacted wetland acreage. AR 53752.

Mutual of Enumclaw Insurance v. Jerome

66 Wash. App. 756 · Court of Appeals of Washington · Aug 3, 1992

As a passenger in the Ederers' car, Jerome qualified as an insured under the liability provision of the Ederers' automobile insurance policy. … Ederer's bums clearly arose from his operation of the vehicle at the time of the accident and from his attempt to save the vehicle from destruction.

State of Washington v. Francisco Gonzalez-Gonzalez

193 Wash. App. 683 · Court of Appeals of Washington · May 3, 2016

"The trial court's determination' s to the defendant's resources and ability to pay is essentially factual and should be revie ed under the clearly erroneous standard.'" State v. Bertrand, 165 Wn. … Gonzalez-Gonzalez was indigent and thu qualified for publicly funded counsel both for trial and on appeal, Mr. Gonzalez-Gonza ez testified that he was employed helping a mechanic at the time of his arrest.