Case law

Vogleson v. Cottin

31 Wash. 2d 823 · Washington Supreme Court · Nov 12, 1948

Upon the filing of the petition, an ex parte order was entered granting special letters of administration to Vogleson, who qualified by filing his oath and bond. September 5, 1947, C. B. W. Raymond, attorney for Mr. … Gallinger, I remember very clearly, said ‘Here is the key- — •’ [Interpolation by counsel and court] Q.

Richmond v. Thompson

79 Wash. App. 327 · Court of Appeals of Washington · Sep 11, 1995

Thompson contends the evidence does not establish actual malice by clear and convincing evidence. Dr. … The testimony of Trooper Richmond, Hanson, and Hanson’s passenger, Hahler, clearly and convincingly establish that nothing of the sort occurred. This fact, coupled with Dr.

State v. Medina

180 Wash. 2d 282 · Washington Supreme Court · Apr 17, 2014

He spent a total of about nine months in CCAP Enhanced and about three years and nine months in CCAP Basic. 4 *286 ¶5 King County established CCAP under the auspices of former RCW 9.94A.380 (1988)/current RCW 9.94A.680. 5 … LEXIS 1122 , at *19 (“an offender must demonstrate that this partial confinement included at least eight hours per day in a ‘facility’ ” in order to qualify for time served in partial confinement).

Andrew Weiser, Appellant/cross v. Michelle Weiser, Respondent/cross

Court of Appeals of Washington · Oct 27, 2020

The order also stated that it was intended to “qualify under the [USFSPA], 10 U.S.C. §1408” and that “[a]ll provisions shall be interpreted to make the order qualify.” Id. … Furthermore, the order also stated that it was intended to “qualify under the [USFSPA], 10 U.S.C. §1408” and that “[a]ll provisions shall be interpreted to make the order qualify,” so these provisions must be interpreted

State v. Ciskie

110 Wash. 2d 263 · Washington Supreme Court · Mar 17, 1988

Klingbeil's credentials were, as in the Allery case, "well-established at trial." Allery , at 596. … In order to convict, the jury must have found beyond a reasonable doubt C.H. clearly manifested her lack of consent to appellant.

Verbeek Properties, LLC v. GreenCo Environmental, Inc.

159 Wash. App. 82 · Court of Appeals of Washington · Dec 20, 2010

This court may affirm the trial court’s ultimate decision on any grounds established by the pleadings and supported by the record. Otis Hous. … The summary resolution of factual disputes under *91 this statute is “confined to the limited group of cases where the lien claim is clearly meritless.” S.D. Deacon Corp. of Wash. v. Gaston Bros. Excavating, 150 Wn.

Agrilink Foods, Inc. v. STATE, DEPT. OF REVENUE

103 P.3d 1226 · 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.

State v. Yarbrough

210 P.3d 1029 · Court of Appeals of Washington · Jun 30, 2009

Although Dudley could see that someone was holding a gun, he could not clearly see who that person was. … And Ringer's testimony was "otherwise admissible" because he was clearly qualified as a gang expert given his extensive training and years of experience and his testimony was helpful to the jury as it provided the context

Grey v. Leach

244 P.3d 970 · Court of Appeals of Washington · Dec 13, 2010

(3) "by any act or omission, caused or contributed to the release *974 or threatened release of a hazardous substance at the facility." [13] Only the third limitation is at issue here. ¶ 14 The Leaches contend that they qualify … on the unexpressed subjective intent of the parties." [25] Clear and unambiguous contracts are enforced as written. [26] Words used in a contract are given their ordinary, usual, and popular meaning unless the agreement clearly

In re the Disciplinary Proceeding Against Anschell

149 Wash. 2d 484 · Washington Supreme Court · May 29, 2003

Bolusan’s aunt] and him a grant of immunity.” Decision Papers at 11 (Finding of Fact 5). … However, the unchallenged findings establish that he failed to take action in Ms.

State v. Lillard

93 P.3d 969 · Court of Appeals of Washington · Jul 12, 2004

Evidence at trial clearly established that Lillard possessed the property. … statement" as an "oral or written assertion or ... nonverbal conduct of a person, if it is intended by the person as an assertion." [29] Out-of-court statements offered for a purpose other than the truth asserted do not qualify

State of Washington v. Francisco Gonzalez-Gonzalez

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.

State Ex Rel. Wash. Toll Bridge Auth. v. Yelle

54 Wash. 2d 545 · Washington Supreme Court · Jul 31, 1959

in connection with construction of a second Lake Washington toll bridge, at a site to be determined *549 by the toll bridge authority, or any subsequent refunding bond issues or for sinking, fund requirements or reserves established … We cannot see how this grant of continuing authority to pledge further moneys from the Motor Vehicle Fund can be said merely to “qualify” the one-hundred-thousand-dollar appropriation contained in sub-paragraph (1).

PAC. NW CONF. OF FREE METHODIST CHURCH OF NORTH AMERICA v. Barlow

77 Wash. 2d 487 · Washington Supreme Court · Dec 31, 1969

However, the record shows clearly that the use, whether by the respondent or by others, was predominantly sectarian in character. … And if this exemption is valid, then what is to stop all other religious sects from establishing similar camps?

Rucker v. Healthpoint

District Court, W.D. Washington · May 11, 2022

To establish 25 diversity jurisdiction, no defendant must have the same citizenship as any plaintiff, and 26 the amount in controversy must exceed $75,000, exclusive of interest and costs. … This fails to establish federal question 7 jurisdiction under the well pleaded complaint rule.

James C. Fuda, Doriane Beaupre & Chad Beaupre, Apps./cross-resps. v. King County, Resp./cross-app.

Court of Appeals of Washington · Oct 9, 2017

In order for a decision to qualify as discretionary, the State must show that the decision was the outcome of a conscious balancing of risks and advantages. Id. at 214-15. … Therefore, even if we held that discretionary immunity does not apply, reversal on the guardrail issue would not be warranted, because Fuda has not established cause in fact.

State v. Reece

110 Wash. 2d 766 · Washington Supreme Court · Jun 23, 1988

Nor is *774 there any merit to defendants' argument that sadomasochistic materials must be combined with depictions of ultimate sex acts in order to qualify as obscene. … The magazine in Reece clearly is "obscene" under that test.

State v. Oyen

78 Wash. 2d 909 · Washington Supreme Court · Feb 11, 1971

We are satisfied that, in the full context of RCW 9.87 .010(13), the kind of loitering condemned as unlawful is fully qualified by ascertainable standards and is amply spelled out in terms readily understandable to the average … The place of the enjoined loitering is clearly confined to premises dedicated and devoted to educational purposes and the public premises immediately 'adjacent thereto. Loitering elsewhere is not barred by the statute.

Vonage America, Inc. v. City of Seattle

216 P.3d 1029 · Court of Appeals of Washington · Sep 3, 2009

City of Seattle, 164 Wash.2d 35 , 186 P.3d 1032 (2008), which held that Comcast's broadband cable modem business qualified as an Internet service, exempt from tax under the moratorium. … Because of the bundled nature of Vonage's records, it is clearly difficult for the company to provide this information after the service has occurred, but the Code places the burden on the taxpayer to establish the correct

Rains v. Department of Fisheries

89 Wash. 2d 740 · Washington Supreme Court · Mar 2, 1978

In Evangelical, we held that the above statute did not bring within its reach all acts and omissions of government on the theory of continuing immunity for the truly discretionary acts of state officials, but liability was … I believe that all of these elements are established in the present case. Private property clearly was involved. Mr. Rains alleged that his land was injured in the amount of $119,000.