Case law

Eisenbach v. Schneider

140 Wash. App. 641 · Court of Appeals of Washington · Sep 10, 2007

Accordingly, most of the findings are verities on appeal. 7 Estate Plan ¶12 In May 1979, Marvin and Martha Eisenbach established a trust indenture. … The trustee also allocated approximately $1.6 million to the latter subshare (the B-2 trust or Qualified Terminable Interest Property (QTIP) trust).

State v. Jenks

197 Wash. 2d 708 · Washington Supreme Court · May 27, 2021

This contrasts clearly with cases where we found such intent. … And, in the non-POAA context, courts may impose sentences below the standard range provided mitigating circumstances are established.

Bayley Construction v. Great American E & S Insurance

980 F. Supp. 2d 1281 · District Court, W.D. Washington · Nov 1, 2013

The insurer is relieved of its duty to defend only if the alleged claim is “clearly not covered by the policy.” VanPort Homes, 58 P.3d at 282 . … The IFCA The IFCA establishes a cause of action for “[a] ny first party claimant to a policy of insurance who is unreasonably denied a claim for coverage.” RCW 48.30.015(1).

Lewis County v. State

178 Wash. App. 431 · Court of Appeals of Washington · Dec 17, 2013

We agree with ■ the trial court that the County presented neither type of qualifying issue here. A. … Because the County must establish all four elements to demonstrate a justiciable controversy the failure to establish any one element is fatal to its claim.

Hansen v. Transworld Wireless TV-Spokane

44 P.3d 929 · Court of Appeals of Washington · Apr 25, 2002

See Deauville, 756 F.2d at 1197 ; but see Oxford Furniture, 984 F.2d at 1126 (trial court properly concluded parent corporation was not immune and thus submitted question of liability to jury). … Bush, 38 Wash.2d 876, 879 , 233 P.2d 847 (1951) (qualified acceptance is counteroffer, which original offeror may accept).

Chadwick v. Northwest Airlines, Inc.

33 Wash. App. 297 · Court of Appeals of Washington · Nov 30, 1982

Chadwick's failure to comply with the terms of probation and was clearly contemplated by the parties at the time of contracting. He cannot now invalidate the agreement because NWA enforced it. Mr. … He further argues the attorney was not qualified as a custodian of the records to testify regarding those files. Therefore, he *304 argues the motion should fail. We disagree.

Lamborn v. Phillips Pacific Chemical Co.

89 Wash. 2d 701 · Washington Supreme Court · Feb 16, 1978

Also, facts tending to establish a party's theory, or to qualify or disprove the testimony of an adversary, are relevant. Fenimore v. Donald M. Drake Constr. Co., 87 Wn.2d 85, 89 , 549 P.2d 483 (1976); Ladley v. … In this case the record clearly demonstrates appellant's total lack of due care in failing to wear a gas mask or even to ask for safety instructions.

Davidson Serles & Associates v. City of Kirkland

159 Wash. App. 616 · Court of Appeals of Washington · Jan 24, 2011

The GMA, “clearly contemplates that challenges to comprehensive plan amendments [and development regulations] must be brought before the [Board].” Coffey v. City of Walla Walla, 145 Wn. … Torrance, 136 Wn.2d at 793-94 . ¶18 The GMA establishes the exclusive means to review the City’s amendments to its comprehensive plan and zoning code.

Klinke v. Famous Recipe Fried Chicken, Inc.

24 Wash. App. 202 · Court of Appeals of Washington · Sep 17, 1979

Klinke was still engaged in negotiating for the property when, in April 1976, Famous notified him of its decision not to qualify in Washington and that there would be no franchise. … Clearly, Klinke's evidence was sufficient to withstand the challenge presented by the summary judgment.

Bradley v. Presteen

District Court, W.D. Washington · May 9, 2025

Judge Tsuchida also found that 4 Stouffer and Obenland are entitled to qualified immunity because Bradley “has failed to show the 5 existence of a genuine issue of material fact as to any constitutional violation[.]” … immunity on Bradley’s Section 24 1983 claim.

State v. Sullivan

65 Wash. 2d 47 · Washington Supreme Court · Oct 8, 1964

See: 1 Varon, Searches, Seizures and Immunities 75 (1961); Henry v. United States (1959), 361 U.S. 98 ; United States v. Boston (1964), 330 F. (2d) 937, 939. … I cannot agree that the search of appellant is valid under the rules of the previously cited cases or that it qualifies as a search without a warrant, as discussed in Preston v.

State v. Barnett

139 Wash. 2d 462 · Washington Supreme Court · Oct 28, 1999

Although Barnett initially resisted the police dog and was bitten as a result, a police dog is clearly not a “person.” … Clearly first degree burglary based on unarmed assault is a crime against a person.

Maitlen v. Hazen

9 Wash. 2d 113 · Washington Supreme Court · Jun 3, 1941

Under these facts, we are clearly of the opinion that respondents cannot be said to have failed to use slight care, but we are of the opinion, under all the facts, that Mr. … This testimony, together with that given by Gerald and by appellant herself, it seems to us, clearly overcame the presumption established by the adjudication.

City of Bellevue v. Acrey

37 Wash. App. 57 · Court of Appeals of Washington · Mar 12, 1984

While they do not articulate the issue clearly, Acrey and Bandle seem to be alleging that the ordinance is vague on its face. … It clearly proscribes making knowingly false statements to public officers. Thus, the ordinance is not vague on its face.

San Juan County v. Ayer

24 Wash. App. 852 · Court of Appeals of Washington · Dec 17, 1979

monument or its accessories, but whose location has been perpetuated, or the point for which may be recovered beyond reasonable doubt by the acts and testimony of the interested landowners, competent surveyors, or other qualified … Because we cannot envision any means of applying the Sego "high probability test" without inexorably passing upon the quality of the evidence, we have chosen to follow the traditional substantial evidence quantitative rule as clearly

In re the Welfare of S.I.

184 Wash. App. 531 · Court of Appeals of Washington · Nov 18, 2014

Continuation of the parent-child relationship clearly diminishes the child’s prospects for early integration into a permanent and stable home. IX. … RCW 13.34-.180 and .190 establish procedures required before terminating parental rights.

Agrilink Foods, Inc. v. Department of Revenue

153 Wash. 2d 392 · Washington Supreme Court · Jan 13, 2005

The court reasoned that each of the activities listed in the statute is clearly disjunctive, indicating that any person undertaking one such activity is entitled to the lower rate. … First, we note the complete absence of any express language establishing such a requirement.

Futurewise v. Reed

166 P.3d 708 · Washington Supreme Court · Sep 7, 2007

And any tax increase that is shielded from referendum by an emergency clause or by the failure to qualify a referendum for the ballot would require an "advisory" vote of the people. … Philadelphia II involved an initiative that sought to establish a federal initiative process, a matter clearly not subject to state legislation.

In re the Personal Restraint of Yates

177 Wash. 2d 1 · Washington Supreme Court · Mar 14, 2013

Yates’s petition, however, clearly alleges only a facial challenge to the process of death qualification. … The second and third of these statements clearly do not establish a closure. With respect to the second statement, evidence of absence is not evidence of exclusion.

State v. Barnett

987 P.2d 626 · Washington Supreme Court · Oct 28, 1999

Although Barnett initially resisted the police dog and was bitten as a result, a police dog is clearly not a "person." … Clearly first degree burglary based on unarmed assault is a crime against a person.