Case law

State v. Lass

55 Wash. App. 300 · Court of Appeals of Washington · Aug 15, 1989

Tillett was qualified to state the check was not filled out in his handwriting. Therefore, the check had the requisite indicia of reliability necessary to show the circuitous route the truck took. … Here, the evidence established a truck was taken in Spokane *306 without the owner's permission; Mr.

State v. Pawlyk

115 Wash. 2d 457 · Washington Supreme Court · Oct 25, 1990

Further, the examination here was clearly intended to concern a possible insanity defense and, needless to say, defense counsel was aware of this. … Both the prosecution and the defendant may summon any other qualified expert or professional persons to testify." (Italics ours.)

State ex rel. Davis-Smith Co. v. Clausen

65 Wash. 156 · Washington Supreme Court · Sep 27, 1911

It is also provided: “If a single establishment or work comprises several occupations listed in this section in different risk classes, the premium shall be computed according to the pay roll of each occupation if clearly … This statute clearly does everything that is charged against the statute at bar.

Messer v. Department of Labor & Industries

118 Wash. App. 635 · Court of Appeals of Washington · Sep 8, 2003

At the hearing, the Department provided testimony establishing that Table C is based upon the Department’s actual experience with mortality rates of injured workers in Washington. … The Auman court clearly held that a claimant is not “entitled” to COLA increases on a portion of the OAR amount that must be deducted. Auman, 110 Wn.2d at 920 .

In re the Detention of Jones

149 Wash. App. 16 · Court of Appeals of Washington · Feb 23, 2009

to interpreting the “best interests” determination, the Bergen court also held that the “adequate community safety” determination involves examining the residence identified in an LRA: “[AJdequate community safety” . . . clearly … But RCW 71.09.350(3) provides an exception for an expert who is not providing treatment: Nothing in this section prohibits a qualified expert from examining or evaluating a sexually violent predator who has been conditionally

Ellingsen v. Franklin County

117 Wash. 2d 24 · Washington Supreme Court · May 23, 1991

The county commissioners established the road in question by a 1909 resolution. … Yet it clearly claims an easement. Clerk's Papers, at 72. The County has put in the record a "Waiver of Claim for Damages and Consent to Locate Road" which relates to a road which traverses the road in question.

State v. Perkerewicz

4 Wash. App. 937 · Court of Appeals of Washington · May 5, 1971

At least three uncontroverted facts clearly establish that almost daily the internal mechanism *940 of the cash register in the Bremerton store had been altered in some fashion between the time the daily “reading” had been … The appellant contends that this order violated rights protected by both the federal and state constitutions — her right to immunity from self-incrimination (fifth amendment to the United States Constitution and article 1

Caril v. State of Washington

District Court, W.D. Washington · Nov 1, 2019

However, 19 because plaintiff fails to allege any facts that establish a cognizable claim under the First or 20 Fourteenth Amendment, the undersigned declines to serve plaintiff’s complaint (Dkt. 13) at this 21 time … However, plaintiff does not 10 clearly state who verbally harassed whom, how this restricted plaintiff’s freedom of speech, or 11 what happened.

All Blacks B v. v. Gruntruck

199 B.R. 970 · District Court, W.D. Washington · May 9, 1996

Section 365 of the Bankruptcy Code establishes when the executory contracts of a debtor may be assumed or rejected during the bankruptcy process. … As Gruntruck contends in its pleadings, ABR could pursue payment for damages as a remedy for Gruntruck’s breach, which would qualify ABR’s right to relief as a “claim.”

Swinomish Indian Tribal Comm'y v. Dep't of Ecology

Washington Supreme Court · Oct 3, 2013

Ecology determined the significant benefits clearly overrode the potential harm. … Moreover, we note that the dissent does not adequately explain why it believes that the reservations for exempt wells and rural public water supply systems may qualify under the overriding-considerations exception but none

Love v. King County

181 Wash. 462 · Washington Supreme Court · Apr 11, 1935

The material facts alleged in the complaints and admitted by the demurrers are these: At an election held November 8, 1932, the qualified voters of Bung county, by requisite vote, authorized the issuance of general negotiable … In the Denny case, which held initiative measure No. 64 to be controlling upon the limit of the power to tax, we said: “Clearly, however, that provision of the law as to the limit to tax [Rem. Rev.

General Motors Corp. v. State

60 Wash. 2d 862 · Washington Supreme Court · Dec 6, 1962

This office was supervised by the Portland zone manager for a time, and later a Seattle zone office was established. … General Motors has paid the tax since the establishment of the new zone office, and that tax is not contested.

Ago

Washington Attorney General Reports · Dec 21, 2010

The question then is what type of language is necessary in order for a more specific statute to prevail over the general rule established by RCW 36.29.020 . … In this instance, the general rule is established by RCW 36.29.020 , which provides for sweeping certain interest into the county current expense fund.

Trans West Co. v. Boise Cascade Corp.

14 Wash. App. 520 · Court of Appeals of Washington · Dec 5, 1975

We find this rule inapplicable in that plaintiff does not qualify as a bona fide purchaser without notice of the facts which would estop his predecessors in this action against defendant. … The difficulty with plaintiff’s position is that the record title does not clearly establish that defendant did not have a 25-year right to the timber in question.

Mikkelsen v. Pub. Util. Dist. No. 1 of Kittitas County

Washington Supreme Court · Oct 19, 2017

The replacement element is not essential to establishing a prima facie case of discrimination under McDonnell Douglas To establish a prima facie case of discrimination, Washington courts have held that plaintiffs … No. 1 ofKittitas County, No. 93731-1 implied contract created by the corrective action policy and that he is immune under several statutory provisions. See RCW 4.24.470; RCW 54.12.110.

Ray v. King County

86 P.3d 183 · Court of Appeals of Washington · Mar 15, 2004

Rather than identifying the purpose of the conveyances, we must conduct a deed-by-deed analysis to ascertain whether the parties clearly and expressly limited or qualified the interest granted, considering the express language … by stating that a "deed in statutory form grants [an] easement where additional language in the deed expressly and clearly limits or qualifies the interest granted." [12] Conversely, when the deed contains no language relating

Mark Fey v. State of Washington Community Colleges of Spokane

Court of Appeals of Washington · Apr 18, 2013

Although the district assigns error to dozens of trial court rulings, we agree with its principal contention: the evidence presented by the parties established, as a matter of law, that it was an essential function of the … Fey's reasonable accommodation claim, the district's evidence clearly bore on his damage claim. See Muntin v. State ofCal.

State v. Rinkes

70 Wash. 2d 854 · Washington Supreme Court · Mar 23, 1967

The newspaper material clearly should not have gone to the jury room. … Harris, 62 Wn.2d 858 , 385 P.2d 18 (1963), where interrogation of the jury by the trial court established that no jury member had read the questionable portion of a newspaper article which was found in the jury room.

State v. Teuscher

111 Wash. 2d 486 · Washington Supreme Court · Aug 25, 1988

Clearly, the secured creditors were properly named as respondents in this action. It is only fair that an encumbrancer have the right to demand a judicial determination of fair compensation if his interests so require. … agree with the creditors' position that they had a right to elect to accept the State's offer and not have to go to trial, it does not follow that they can withdraw more than their proper share of the State's offer and be immune

State v. Hyder

159 Wash. App. 234 · Court of Appeals of Washington · Jan 4, 2011

Whether the Sentence Is Clearly Excessive ¶64 Finally, we must decide whether the trial court abused its discretion by imposing a clearly excessive sentence. 88 In Hale we held that the trial court’s imposition of an exceptional … Corp. of the Catholic Bishop, 138 Wn.2d 699, 717 , 985 P.2d 262 (1999) (“Where childhood sexual abuse is at issue, even long established privileges do not apply”).