Case law

Scott v. Trans-System, Inc.

148 Wash. 2d 701 · Washington Supreme Court · Feb 13, 2003

The primary reason for establishing Northwest was to provide TSI and its subsidiaries with a pool of trained drivers for use in their trucking businesses. … Dissolution should not be granted as a matter of right, since the provision allowing judicial dissolution is “ ‘clearly couched in language of permission.’ ” Id. at 951 (quoting Jackson v.

Hartley v. American Contract Bridge League

61 Wash. App. 600 · Court of Appeals of Washington · Jun 13, 1991

This was part of their effort to qualify for the Women's International Team Trials at which a team was to be selected to represent the United States in the World Bridge Federation's World Championships. … Here, the most important factor, the amount, kind, and continuity of activities, clearly weighs in favor of Washington having jurisdiction.

State v. Campos

998 P.2d 893 · Court of Appeals of Washington · Apr 6, 2000

This qualifies as an additional factor showing intent under *896 Hagler and Lopez . The State's witnesses testified that a large of amount of cash in small, assorted denominations is consistent with narcotics sales. … Generally, a jury may infer specific criminal intent when it is logically probable that a defendant's conduct clearly indicates the requisite intent. State v. Stearns, 61 Wash.App. 224, 228 , 810 P.2d 41 (1991).

Richard A. Fox And Marnie B. Fox, Apps. v. Skagit County, Res.

193 Wash. App. 254 · Court of Appeals of Washington · Apr 11, 2016

The Department promulgated WAC 173-503 in 2001, establishing a minimum flow for the Skagit River. … But exempt wells are provided for by statute and Ecology's actions on applications for exempt wells are clearly set out in the water code—without any provision permitting a "jump to the head of the

Lawrence Shandola v. Paula Henry

198 Wash. App. 889 · Court of Appeals of Washington · May 9, 2017

On March 23, 2013, the Henry defendants filed a motion to dismiss Shandola’s suit under CR 12(b)(6), arguing that they were immune from suit under the anti-SLAPP statute. … We will not apply a new decision retroactively if (1) the decision established a new rule of law that either overruled clear precedent upon which the parties relied or was not clearly foreshadowed, (2) retroactive application

Grae-El v. City of Seattle

District Court, W.D. Washington · Mar 10, 2022

Establishing that liberty interest is 2 necessary but not sufficient to establishing a constitutional violation, however. … law immunizes those who report suspected child abuse in good faith.

In Re Estate of Wren

163 Wash. 65 · Washington Supreme Court · Jun 4, 1931

Lodge was duly *67 appointed by the superior court for Pierce county administrator of her estate, since which time he has remained the duly qualified and acting administrator of the estate. … The proceeding was clearly of equitable cognizance, and hence a court and not a jury problem; this because Mr. Pratt sought the establishing of his lien claim against funds belonging to Mrs.

Jackson v. Liedkie

District Court, E.D. Washington · Sep 5, 2024

Defendant is immune from suit on this issue 13 because prosecutors are entitled to absolute immunity for actions considered 14 “traditional functions of an advocate.” Kalina v. … Absent a showing 18 of facts clearly in violation of established law, immunity stands.

State v. Ramirez

191 Wash. 2d 732 · Washington Supreme Court · Sep 20, 2018

^ Ramirez criticizes Chief Judge Bjorgen for embracing a "clearly erroneous" standard of review for factual determdnations, based on prior appellate decisions. See Suppl. Br. of Pet'r at 17 & n.6. … Ramirez argues that House Bill 1783's amendments apply to his case on appeal because he qualified as indigent at the time of sentencing and his case was not yet final when House Bill 1783 was enacted. Suppl.

State Of Washington v. Russell Gouveia

Court of Appeals of Washington · Sep 22, 2020

The relevance, and, thus, the admissibility of evidence of prior convictions “turn[s] on whether the convictions so established qualified as predicate convictions for purposes of RCW 26.50.110(5).” Carmen, 118 Wn. … Together the exhibits clearly establish that the 1998 conviction qualified as a predicate offense under RCW 26.50.110(5). The court properly admitted them.

Lewis County v. WESTERN WA. GROWTH MANAGEMENT HEARINGS BD.

139 P.3d 1096 · Washington Supreme Court · Aug 10, 2006

Clearly, the County must take into account the need for the construction of such facilities in resource lands. … First of all, we are not establishing a "new definition." The legislature defined agricultural land when it adopted RCW 36.70A.030(2).

Sunderland Family Treatment Services v. City of Pasco

107 Wash. App. 109 · Court of Appeals of Washington · Jul 3, 2001

The court further concluded that the denial of the SUP constituted a clearly erroneous application of the law to the facts. … Former PMC 22.35.010 states the purpose of the home occupation chapter as follows: “Ahorne occupation chapter is established to provide a means whereby the conduct of business may be permitted as a use accessory to an established

Ali-El v. CT Corporation System

District Court, W.D. Washington · Dec 19, 2023

subject to sua sponte review and dismissal by the Court “at any time” to the 21 extent it is “frivolous, malicious, fail[s] to state a claim upon which relief may be granted, or 22 seek[s] monetary relief from a defendant immune … Here, the Court finds Plaintiff’s complaint fails to establish this Court’s subject matter 5 jurisdiction. See Fed. R. Civ.

Zayas v. McMullin

District Court, W.D. Washington · Jul 10, 2024

subject to sua sponte review and dismissal by the Court “at any time” to the 21 extent it is “frivolous, malicious, fail[s] to state a claim upon which relief may be granted, or 22 seek[s] monetary relief from a defendant immune … Here, the Court finds Plaintiff’s complaint fails to establish this Court’s subject matter 5 jurisdiction. See Fed. R. Civ.

Gray v. Suttell & Assocs.

Washington Supreme Court · Aug 28, 2014

Ch. 19.16 RCW. 7 "Solicit" clearly requires some affirmative conduct, but the statute's ambiguity arises because parties disputed whether the statute applied to debt buyers who were soliciting/collecting claims … Bunker, 169 Wn.2d at 578 (under the last antecedent rule, a qualifying phrase refers to the last antecedent, but a comma before the qualifying phrase indicates that the phrase applies to all antecedents).

State v. Whitney

66 Wash. 473 · Washington Supreme Court · Jan 4, 1912

The terms of present grant are in some cases qualified by other portions of the granting act, as in the case of Rice v. … It has uniformly been held that a general act will not repeal a prior special act unless the intent to so repeal is clearly manifest.

State v. Messinger

8 Wash. App. 829 · Court of Appeals of Washington · Apr 24, 1973

. *835 Defendant has generally challenged the use of these collateral matters without clearly enumerating the specific instances assigned as error. … While this testimony was part of the context of his meeting with this lady, the solicitations themselves do not go toward establishing any ingredient of the offense.

Filo Foods, LLC v. City of SeaTac

Washington Supreme Court · Aug 20, 2015

Except as otherwise provided herein, the successor employer shall offer employment to all qualified retention employees. … But Filo Foods does not argue, much less demonstrate, that the undisputed facts establish as a matter of law that "'the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits

State v. Carlson

178 P.3d 371 · Court of Appeals of Washington · Mar 11, 2008

He leaned into the van with his flashlight and could clearly see scattered crumbs of suspected cocaine on the center, table-like surface between the driver and passenger seats. … He requested a DOSA sentence if he qualified for one. [4] He candidly admitted that he had previously received a DOSA sentence, probably in 2003, and that he had "failed it because of dirty U.A.'s."

In re the Detention of Berry

160 Wash. App. 374 · Court of Appeals of Washington · Mar 7, 2011

DSM-III-R which encompasses both less commonly encountered paraphilias and those not yet sufficiently described to merit formal inclusion in the DSM-III-R” 22 The DSM-IV-TR provides a number of examples of paraphilia NOS but clearly … McVey, 196 Ariz. 470 , 1 P.3d 113, 123 (2000) (“Frye is inapplicable when a qualified witness offers relevant testimony or conclusions based on experience and observation about human behavior for the purpose of explaining