Case law

Dillon v. Seattle Deposition Reporters, LLC

179 Wash. App. 41 · Court of Appeals of Washington · Jan 21, 2014

SDR never attempted to establish, nor did the trial court find, good cause to lift the stay on all pending motions. … Dillon quite clearly alleged in his complaint that the violations of the privacy act were SDR’s acts of transcribing the telephone calls without his knowledge.

Peterson v. Port of Benton County

District Court, E.D. Washington · Dec 20, 2019

The moving party bears the 8 “burden of establishing the nonexistence of a ‘genuine issue.’” Celotex Corp. v. 9 Catrett, 477 U.S. 317, 330 (1986). … In 10 particular, Washington has recognized the “absolute right” to exercise ones clearly 11 defined contractual rights.

Weger v. Correct Care Solutions LLC

District Court, W.D. Washington · Jan 25, 2021

To establish a violation of both Title II of the ADA and the RA, a 22 plaintiff must prove (1) that he or she was a “qualified individual with a disability;” (2) who was 23 either excluded from participation in or denied … Id. 2 Defendants argue that summary judgment of both claims is appropriate because “Plaintiff 3 cannot establish either that Mr.

Winner v. Carroll

169 Wash. 208 · Washington Supreme Court · Aug 10, 1932

Carroll, to be my sole executor without bonds, either to qualify as such executor or to sell or dispose of any or all of my property. “In Witness whereof I have hereunto set my hand this 5th day of November, 1927. … The particular sections of those statutes were for the protection of banks and associations, and did not establish a rule of property or a rule of evidence. The cases cited, therefore, have no application here.

In re the Detention of Abolafya

114 Wash. App. 137 · Court of Appeals of Washington · Oct 28, 2002

A residential burglary conviction will qualify if it is proved beyond a reasonable doubt to be sexually motivated. … The current attempt to establish the 1993 crime was sexually motivated enables the State to seek only civil commitment.

Anderson v. Dreis & Krump Manufacturing Corp.

48 Wash. App. 432 · Court of Appeals of Washington · Jul 9, 1987

Factual causation is established between a defendant's act and a subsequent injury only where it can be said the injury would not have occurred "but for" the defendant's act. W. Keeton, D. Dobbs, R. Keeton, & D. … The court, at page 346, held this modification caused the accident, stating: Clearly, the substitution of the easily depressed mobile electrical foot switch for the original fixed elevated mechanical treadle that was responsive

In Re Peterson's Estate

12 Wash. 2d 686 · Washington Supreme Court · Mar 19, 1942

His position as the real proponent of the final report had already been clearly established; he had been afforded a full opportunity to explain and defend his acts; and he will therefore not now be heard to assert a purely … technical claim of immunity from the jurisdiction of the court.

City of Seattle v. Jones

3 Wash. App. 431 · Court of Appeals of Washington · Oct 19, 1970

Clearly the achievement of such objective is a legitimate exercise of the police power. … But, a suspect’s immunity from arrest without probable cause is augmented rather than dimin *439 ished by the reference to a “known prostitute” in subsection (g) of the ordinance.

Hartman v. State of Washington Department of Children Youth and Families

District Court, W.D. Washington · Jul 1, 2024

Wiester ignored exculpatory, 21 “objective medical evidence establishing that no abuse was taking place.” … App. 2005). 3 “[C]ommunication to a single person or a small group does not qualify.”

In Re The Dependency Of G.m.w.

Court of Appeals of Washington · Oct 31, 2022

No. 82918-1-I/5 consuming” and “undermine the clearly articulated legislative goal of resolving these cases quickly.” … The order noted that “the facts establish by clear, cogent and convincing evidence, including the testimony of a qualified expert witness, that continued custody of the child by the” mother and father “is likely

McLanahan v. FARMERS INSURANCE

66 Wash. App. 36 · Court of Appeals of Washington · Jun 9, 1992

McLanahan's attorney responded, stating coverage had been admitted by Farmers; the claim had been pending since February (correct date, March); Farmers had received an estimate from the only qualified mechanic in the Northwest … However, the evidence clearly established the insured attempted to comply with policy provisions and Farmers had over 6 months to have the damage evaluated.

Spice v. Internal Revenue Service

District Court, W.D. Washington · Jun 1, 2020

“The doctrine of judicial immunity also applies to court approved attorneys for the 19 trustee.” Id. … The Plaintiff 3 and his counsel have violated Rule 11 by bringing the claims for which this Court clearly does not have subject matter jurisdiction to consider.

Center v. Pollution Control Hearings Board

131 Wash. 2d 345 · Washington Supreme Court · Mar 6, 1997

importance for a reliable system of categorical exemptions, and the need for the orderly and cost effective administration of SEPA, we granted direct review and reverse, holding actions classified as categorically exempt are immune … SEPA and its amendments present a statutory scheme in which uniform rules are established to identify actions generally exempt from SEPA without the necessity of further review.

Sebastian v. DEPT. OF LABOR & INDUSTRIES

12 P.3d 594 · Washington Supreme Court · Nov 2, 2000

Clearly, there was an intent to compensate crime victims; clearly there was an intent to contain costs. Beyond that, the history gives little guidance, and neither principle answers the question here. … In 1982, Second Substitute House Bill 828 reinstated application of the program to all qualifying victims. Laws of 1982, 1st Ex.Sess., ch. 8, § 2.

City Of Seattle v. Janet Norman

Court of Appeals of Washington · Feb 16, 2016

Norman's Fourteenth Amendment equal protection claim fails for lack of authority. 8 No. 72667-6-1/9 To establish a violation of the privileges and immunities clause of … A person's property interest in dogs is imperfect or qualified rather than absolute. Am. Dog Owners Ass'n v. City ofYakima, 113 Wn.2d213, 777 P.2d 1046 (1989); Rabon, 107 Wn. App. at 743.

Taylor v. Vangesen

District Court, W.D. Washington · Mar 25, 2021

immunity is also precluded for Taylor’s equal protection claim because Taylor has established a constitutional violation at this stage, and the right to not be 21 stopped by police based only on race under the Fourteenth … Amendment was clearly established by 1992.

Matter of Marriage of Kraft

61 Wash. App. 45 · Court of Appeals of Washington · Apr 25, 1991

The court erred in establishing a value for Mr. Kraft's military benefits and then awarding to him "His disability pension, $123,800.00." In effect it was distributed as an asset. … That is clearly not a just and equitable distribution. Finally, Mr. Kraft contends the court erred by imposing a postmajority support obligation on him for his son's college education.

State v. JV

132 P.3d 1116 · Court of Appeals of Washington · Apr 24, 2006

s failure in treatment court had established that he needed treatment in a structured facility. … J.V. argues that the 30 to 40 week sentence is clearly excessive.

State ex rel. Skaggs v. Smith

116 Wash. 572 · Washington Supreme Court · Aug 18, 1921

Jackson Silbaugh, being first duly sworn, upon oath, deposes and says: That she is the duly appointed, qualified and acting traveling guard, appointed by the superior court of King county, state of Washington, for the purpose … But to this general rule there are exceptions as well established as the rule itself.

H4IT Properties, LLC v. Chelan County

Court of Appeals of Washington · Oct 3, 2024

The hearing examiner concluded that H4IT could not show that the property qualified as an existing nonconforming short-term rental because the previous owners were not operating a legally established rental. … H4IT contends it has met two of these standards: “(d) The land use decision is a clearly erroneous application of the law to the facts; ....