Case law

M.L. v. craigslist Inc

District Court, W.D. Washington · Sep 11, 2020

At this stage, Plaintiff has pled sufficient facts to 5 establish that craigslist plausibly had constructive knowledge of her trafficking. … The 11 Washington Court of Appeals held that “to establish an entitlement to an award of 12 attorney fees pursuant to RCW 9.68A.130, the plaintiff must first establish that he or she 13 prevailed in a civil action arising

State Ex Rel. Livingston v. Ayer

23 Wash. 2d 578 · Washington Supreme Court · Aug 24, 1945

Ayer is the duly elected, qualified, and acting auditor of Thurston county. Paragraph 3. … In preparation for post war rehabilitation and reconversion, there is established in each county a County Statistics Commission. “Sec. 3.

In Re the Estate of Knight

31 Wash. 2d 813 · Washington Supreme Court · Nov 8, 1948

The will was duly admitted to probate, and, upon the confirmation of his appointment, the executor duly qualified as such. Thereafter, the executor proceeded to administer upon the estate of his deceased wife. … The term “cash surrender value” means the cash value, ascertainable by established rules, of a contract of *817 insurance which has been abandoned and given up for cancellation .to the insurer by the person having contract

Geiger v. Tacoma Ry. & Power Co.

141 F. 169 · U.S. Circuit Court for the District of Western Washington · Oct 14, 1905

” it as one of the courts composing the judicial system, and to clearly define its jurisdiction. … Western judicial district of Washington shall continue in office, and be such officers in said Western District until the expiration of their respective terms of office, or until their successors shall be duly appointed and qualified

Peelers Company v. Wendt

260 F. Supp. 193 · District Court, W.D. Washington · Oct 29, 1966

That all of the facts as above stated were found by the jury is established by the special and general verdicts. … In any event it would not require new trial unless the claimed error was clearly prejudicial.

City of Seattle v. Larkin

10 Wash. App. 205 · Court of Appeals of Washington · Dec 17, 1973

Yakima, 52 Wn.2d 617 , 328 P.2d 873 (1958), and the burden of establishing the invalidity of the ordinance rests upon the party challenging its constitutionality. Letterman v. Tacoma, 53 Wn.2d 294 , 333 P.2d 650 (1958). … Under such a set of reasonable assumptions, the ordinance would vitally affect the safety and welfare of Seattle citizens and thus have a rational basis and be clearly constitutional.

State v. Hieb

39 Wash. App. 273 · Court of Appeals of Washington · Dec 24, 1984

Thus, the statements were too remote in time from the alleged events to qualify as excited utterances. Only Shawna's first statement was properly admitted at trial. 2. … The prosecution bears the burden of establishing this predicate. Roberts , at 74-75.

In Re Detention of Brock

110 P.3d 791 · Court of Appeals of Washington · Apr 18, 2005

the value of additional procedural safeguards, and (3) the governmental interest, including costs and administrative burdens of additional procedures. [11] Here, the private interest affected—freedom from confinement—is clearly … 71.09.090(2), but any changes in the statute's language do not affect its holding. [20] RCW 71.09.070 provides in part: "The committed person may retain, or if he or she is indigent and so requests, the court may appoint a qualified

Ciabattari License

63 Pa. D. & C. 1 · Washington County Court of Quarter Sessions · Nov 28, 1947

At the said hearing, which was attended by applicants and their counsel, the evidence adduced established the following facts: “1. The Act of June 24, 1939, P. … This clearly expressed intention of the legislature merely to limit the number of licensed premises does not prohibit the board from issuing a liquor license to a qualified premises holding a beer license where there has

Kaszycki v. United States of America

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

. § 40901), amended the Gun Control Act (“GCA”) and 18 directed the Attorney General to establish a background check procedure for determining … The Government cites to this and other 10 examples to conclude that “[b]ecause Congress clearly knows how to require approval of 11

Berg v. Esposito (In Re Oxborrow)

104 B.R. 356 · District Court, E.D. Washington · Jan 6, 1989

A litigant qualifies as such an aggrieved person if the bankruptcy order appealed from diminishes the litigant’s property, increases his burdens, or impairs his rights. Id. … The Court here first finds that the factual tabulations of the percentages requesting and actually voting are not clearly erroneous and thus will not be disturbed.

Nichols v. Seattle Housing Authority

171 Wash. App. 897 · Court of Appeals of Washington · Nov 13, 2012

. ¶8 Nichols requested an informal hearing to challenge the decision that her existing repayment agreement made her ineligible to qualify for a new one. Independent Hearing Officer M. … The court may also reverse the agency decision when it is “ ‘clearly erroneous.’ ” Mansour, 131 Wn. App. at 263 , quoting Polygon Corp. v.

State v. Gore

143 Wash. 2d 288 · Washington Supreme Court · Mar 22, 2001

A few courts have qualified use of the product rule. Smith v. … Krane, “clearly establishes that there are no real issues as to the acceptance” of polymarker testing. VRP (Oct. 16, 1996) at 15 (Judge’s decision on admissibility); see VRP (Oct. 10, 1996) at 113-14.

State v. Sibert

168 Wash. 2d 306 · Washington Supreme Court · Feb 25, 2010

The term “every” in Brown was clearly intended to mean “an” element. In fact the Brown majority cited Smith and Byrd for that very proposition. … *330 ¶54 Omitting even a single essential element from “to convict” instructions is immune from harmless error analysis.

State v. Sly

58 Wash. App. 740 · Court of Appeals of Washington · Aug 13, 1990

Under these circumstances, "the information is immune from attack unless so obviously defective as not to charge the offense by any reasonable construction." Smith, 49 Wn. App. at 598 . … Nordby, 106 Wn.2d at 517-18 . *748 These reasons will be upheld if they are not clearly erroneous. Nordby, 106 Wn.2d at 518 .

In re Pers. Restraint of Frazier

4 Wash. 3d 1 · Washington Supreme Court · Oct 31, 2024

Thus, Kennedy was clearly correct to conclude that the legislature did rely, at least in part, on RAP 16.4(c) in enacting RCW 10.73.100. … I concur with the majority that sentencing evidence can qualify as newly discovered evidence under RCW 10.73.100(1).

Estate of Michael Dempsey v. Spokane Washington Hospital Co., LLC

Court of Appeals of Washington · Dec 14, 2017

The work product privilege provides a qualified immunity from this general discovery rule. Harris v. Drake, 152 Wn.2d 480, 486, 99 P.3d 872 (2004). CR 26(b) memorializes this immunity. … to establish a substantial need and 7 No. 34573-4-III In re Estate ofDempsey (dissent) undue hardship before reviewing the communication.

Orcutt v. Spokane County

58 Wash. 2d 846 · Washington Supreme Court · Sep 28, 1961

Gleason Co., supra), medical testimony is necessary when the causal relationship is not clearly disclosed by the circumstantial evidence. … Southcombe, who was qualified as an expert witness and who had twice examined the decedent prior to her death, testified as follows: “Q Then, Dr.

State v. Cherry Point Fish Co.

72 Wash. 420 · Washington Supreme Court · Mar 11, 1913

The fact of selling being established, the law supplies the element of intent.” … Clearly this view of the requirements of the statute is as favorable to the appellants as a proper construction of the same warrants.

Bailey v. Carver

47 Wash. 2d 153 · Washington Supreme Court · Aug 11, 1955

Assignment of error No. 3 complains that instruction No. 14, because of its peculiar wording, could be understood by the jury as establishing a duty on the part of appellant alone. … However, it is suggested that upon a second trial this instruction, if given, be more clearly worded to preserve to appellant his right of way under RCW 46.60.170.