Case law

State v. Ponten

77 Wash. 2d 463 · Washington Supreme Court · Dec 31, 1969

The general location and extent of the Garden Springs water table was well known and the basalt outcroppings that marked its general boundaries were clearly visible. Finding of fact No. 2. … That there is a property right (correlative though it may be) in percolating waters is well established.

Grant v. Boccia

133 Wash. App. 176 · Court of Appeals of Washington · Mar 28, 2006

A witness qualified as an expert may testify on the basis of “scientific, technical, or other specialized knowledge” if the testimony “will assist the trier of fact to understand the evidence or to determine a fact in issue … to new ideas and options as they emanate from ongoing research”); Frederick Wolfe, Post-Traumatic Fibromyalgia: A Case Report Narrated by the Patient, 7 Arthritis Care & Res. 161 (1994) (CP at 615) (stating, “there is no clearly

Kirkham

District Court, W.D. Washington · Jan 14, 2026

12 immunity. … Likewise, 4 “facts and circumstances relied upon to establish a conspiracy [that] are as consistent with a 5 lawful or honest purpose as with an unlawful undertaking[]” do not suffice. Id.

Veysey v. Veysey

86 Wash. 553 · Washington Supreme Court · Aug 11, 1915

This, aside from one other charge of fraudulent action on the respondent’s part, is all that we deem it necessary to discuss in this opinion, since, if this decree of distribution was entered without fraud, it is clearly … That circumstance alone is wholly insufficient to establish the fraud charged. Some point is made of the fact that the appellant’s request for a trial by jury was denied.

Marrazzo v. Orino

194 Wash. 364 · Washington Supreme Court · Apr 13, 1938

It may be established by facts and circumstances; but, as above stated, these facts and circumstances must be inconsistent with an honest purpose and reasonably consistent only with the intent to defraud.” Dart v. … At the conclusion of the trial, the court, as set out in its memorandum opinion, very clearly demonstrates the reasons that actuated appellant to sign the contract with Orino: “The trial court is the judge of the credibility

Detention Of Derwin Leron Pasley

Court of Appeals of Washington · Nov 21, 2023

He testified that K.R. was able to communicate clearly and understand complex terms, and that he demonstrated life skills typical of a young adult. Dr. … Pasley cites Anderson and Froats to support his argument that the evidence was insufficient to establish he committed an ROA.

State v. Osman

157 Wash. 2d 474 · Washington Supreme Court · Aug 3, 2006

Osman further argued that the only way he could receive treatment was if the court imposed a SSOSA because, as a deportable alien, he did not qualify for treatment while in prison, a claim directly contradicted by the PSI … Ed. 2d 786 (1982). f 19 To make his equal protection claim, Osman must first establish his classification by showing he was treated differently from others who were similarly situated.

State of Washington v. Cardona

District Court, E.D. Washington · Jul 24, 2020

The individual student aid grants authorized 3 by Section 18004 of the CARES Act clearly qualify as a grant or “postsecondary 4 education … or any other similar benefit for which payments or assistance are 5 provided … The plain text of 6 PRWORA allows for distribution of certain in-kind assistance to non-qualified 7 aliens, but Congress has previously amended PRWORA itself when authorizing 8 direct payments to non-qualified aliens

American Plywood Association v. United States

267 F. Supp. 830 · District Court, W.D. Washington · Jun 16, 1967

Plaintiff is a trade association of softwood plywood manufacturers to which, from its organization in 1936 until 1960, the Internal Revenue Service (hereafter IRS) granted tax exemption as a qualified “business league” under … All benefits to individuals derived from such services of plaintiff clearly are incidental to the main purpose of, and reason for, plaintiff’s activity in providing them. In Crooks v.

Blackman v. Omak School District

District Court, E.D. Washington · Jun 11, 2020

Defendants also assert 10 they are entitled to Monell non-liability and qualified immunity. … The 7 District is entitled to Monell immunity on this claim, as well. 8 3. Qualified Immunity 9 Dr.

Brooks Abel, V. Grant County Public Utility District

Court of Appeals of Washington · Feb 21, 2023

Recreational Use Immunity Ruling Finally, Abel challenges the trial court’s decision that RCW 4.24.210, the recreational use immunity statute, applied as a matter of law. … trial court’s ruling on recreational use immunity was also harmless.

Puget Sound Service Corp. v. Bush

45 Wash. App. 312 · Court of Appeals of Washington · Sep 8, 1986

Rather it provided that Pioneer would refinance at its then current interest rate if the Bushes could, at that time, qualify for a loan by Pioneer's standards. … Swanson and Grosse, JJ., concur. 1 The findings and conclusions do not clearly indicate whether the financing provision is a condition precedent or merely a promise.

Wills v. City of Dupont Police Department

District Court, W.D. Washington · Sep 25, 2020

Plaintiffs, however, were clearly not aware of this rule. … claim under 42 U.S.C. § 1983, a complaint must allege that: (1) the 7 conduct complained of was committed by a person acting under color of state law, and (2) the 8 conduct deprived a person of a right, privilege, or immunity

State Of Washington, V. Randy S. Karn

Court of Appeals of Washington · Oct 4, 2021

Megan Spohr, who evaluated N.K. and Ro.K., testified that the malnutrition they experienced generally leads to poor immunity which tends to place children at a higher risk for infection and potential death. Dr. … excessive or clearly too lenient.

Pearson v. Alaska Pacific Steamship Co.

51 Wash. 560 · Washington Supreme Court · Feb 6, 1909

As stated above, there was in our opinion ample evidence to establish the fact of incompetency on the part of the winch driver, and in view of the fact that the safety of other employees of the common master required that … It does not follow, because a witness is duly qualified and the general subject is a proper one, that his judgment can be asked on any branch of the inquiry.

State v. Osman

139 P.3d 334 · Washington Supreme Court · Aug 3, 2006

Osman further argued that the only way he could receive treatment was if the court imposed a SSOSA because, as a deportable alien, he did not qualify for treatment while in prison, a claim directly contradicted by the PSI … XIV, § 1). [10] Article I, section 12 states: "No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong

Morgan v. Carbon Hill Coal Co.

6 Wash. 577 · Washington Supreme Court · Jun 30, 1893

I think in the first place that the negligence of the respondent was clearly proven. … He had as much right to rely on the duty of the master to furnish a fire boss who was qualified to rightly perform the duties of his office, as upon the duty of the master to furnish suitable and safe machinery.

Caruso v. Local Union No. 690 of International Brotherhood of Teamsters

33 Wash. App. 201 · Court of Appeals of Washington · Nov 4, 1982

Here, the "Don't Patronize" articles were clearly intended to induce potential customers not to patronize Mr. Caruso's business. Mr. … "If a 'qualified privilege' is abused, the defense is lost. Abuse of a qualified privilege occurs if: ”2.

John Doe A v. Wash. State Patrol

Washington Supreme Court · Apr 7, 2016

SEX OFFENDER REGISTRY INFORMATION AND ENTERED A PROPERLY TAILORED INJUNCTION When reviewing a trial court order enjoining disclosure under the PRA, "' [w ]e start with the proposition that the act establishes … Specifically, the trial court found that the evidence submitted-declarations by individual class members, class members' parents, and several experts-"establishes that sex offenders who are identified by public disclosure

In Re Custody Of: S.m. And A.m., John Mcculla, Sr. v. Carey Mcculla

Court of Appeals of Washington · Jul 1, 2019

Because it is clearly contrary to the legislature’s intent, we decline to interpret RCW 26.09.260(1) in the manner that Milton suggests. … Thus, Milton bears the burden of establishing that she is a fit parent.