Case law

Robinson v. Avis Rent A Car System, Inc.

106 Wash. App. 104 · Court of Appeals of Washington · May 7, 2001

To establish a violation of the CPA, a private plaintiff must establish five elements: (1) an unfair or deceptive act or practice; (2) occurring within trade or business; (3) affecting the public interest; (4) injuring the … Federal Trade Commission, the court upheld the FTC’s determination that it was deceptive for a car rental company to use the slogan “Dollar-A-Day” because the slogan “has a decisive connotation for which any qualifying language

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).

Wesche v. Martin

64 Wash. App. 1 · Court of Appeals of Washington · Jan 27, 1992

The court reasoned as follows: *11 A holder in due course of negotiable paper enjoys certain privileges and immunities which the transferee of an unendorsed order instrument does not have. … Clearly, the benefit of deleting the interest provisions flowed to the Zeldenrusts, and the court's finding on the absence of consideration was directed to the Zeldenrusts. The trial court made no error.

Navlet v. Port of Seattle

164 Wash. 2d 818 · Washington Supreme Court · Oct 16, 2008

And in Skinner, 188 F.3d at 141 , as noted the court concluded that phrases “ ‘will continue’ ” and “ ‘shall remain’ ” did not clearly and expressly indicate vesting since there was no durational language to qualify the phrases … [The] retirees’ eligibility for benefits was qualified because it was subject to [the employer’s] reserved right to terminate the plan under which the benefits were provided.

Michael Mariani, V. State Of Wa, Dept. Of Financial Institutions

Court of Appeals of Washington · May 5, 2025

Sufficient overlap exists here establish a common goal. … But, under WAC 460-44A-050(1)(d), to qualify for the isolated transaction exemption, a petitioner must establish that their sale of a security “is one of not more than three such transactions inside or outside this state

In Re Turay

74 P.3d 1194 · Washington Supreme Court · Aug 21, 2003

These charges do not necessarily constitute a recent overt act; however, Albrecht held, "[a]n individual who has recently been free in the community and is subsequently incarcerated for an act that would not in itself qualify … Certainly a fourth degree assault could amount to a recent overt act, but clearly also an act amounting to fourth degree assault need not amount to a recent overt act.

State v. Briggs

55 Wash. App. 44 · Court of Appeals of Washington · Aug 14, 1989

The Kent court held that the offending juror's conduct established actual prejudice. Kent , at 449. … The alleged resemblances do not clearly point to Abram as the guilty party. Jones , at 555. The trial court did not err.

Weiss v. Thompson

120 Wash. App. 402 · Court of Appeals of Washington · Mar 8, 2004

The City’s argument that Weiss has not established a violation of due process for the purpose of habeas corpus relief is at odds with its concession that his liberty was restrained. … But Mink is not persuasive because its facts are clearly distinguishable.

Tomas Rios-Garcia v. Washington Dep't Of Social & Health Servs.

Court of Appeals of Washington · Aug 10, 2021

Nonetheless, the ALJ concluded that WAC XXX-XX-XXXX “appears clearly to require receipt” and Mr. Rios-Garcia presented no evidence of receipt. CP at 59. … “A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.” Id.

Miller v. Miller

20 Wash. 2d 76 · Washington Supreme Court · Feb 14, 1944

Anything going to the validity of the will as of that date is clearly a proper subject to be raised by a contest of the probate. … We are clearly of the opinion the trial court was without authority to enter the judgment which it did in this case.

Olmstead v. McCleary

128 Wash. 406 · Washington Supreme Court · Feb 11, 1924

Olm-stead, Henry McCleary was appointed administrator of the estate, duly qualified, and in August of that year he, jointly with Julia K. … Assuming this to be a correct statement of his duty, the evidence, as clearly as that may be done after such a lapse of time, establishes that he did so.

State v. Horrace

144 Wash. 2d 386 · Washington Supreme Court · Aug 2, 2001

steadfastly to the constitutional safeguards we have previously identified in the area of passenger privacy and emphasize here that the issue before us requires no more or no less than a thoughtful application of those well-established … We cannot agree with Horrace that his apparent motionlessness in the face of the driver’s movements in his direction immunized him from suspicion.

In Re Turay

101 P.3d 854 · Washington Supreme Court · Nov 18, 2004

The rule established in Young has remained the same through Albrecht and Henrickson . … The Court also explained in McCleskey that the burden to establish cause and prejudice is on the petitioner and, if that burden is not met, it is also the petitioner's burden to establish actual innocence where this is asserted

Johnson-Herring

District Court, W.D. Washington · Nov 6, 2025

subject to sua sponte review and dismissal by the Court “at any time” to the extent it 24 is “frivolous, malicious, fail[s] to state a claim upon which relief may be granted, or seek[s] monetary relief from a defendant immune … Thus, any 25 amended complaint must stand on its own and clearly identify the basis fo this Court’s jurisdiction, the legally cognizable claims asserted against each defendant, the specific facts 26 which Plaintiff

City of Bellevue v. King County Boundary Review Board

90 Wash. 2d 856 · Washington Supreme Court · Nov 9, 1978

Board members are sufficiently connected to the litigation in which the board is involved in this instance to qualify as parties under CR 33. III. … Finally, they assert that the board's determination that no EIS was required was not arbitrary and capricious or clearly erroneous.

Jackson v. King County

District Court, W.D. Washington · Jan 18, 2022

Plaintiffs’ claims would have had to survive qualified immunity, which protects 22 government officials from civil liability where, perhaps as here, “their conduct does not violate 23 clearly established statutory or … As the Supreme Court has repeatedly 1 noted, “qualified immunity protects ‘all but the plainly incompetent or those who knowingly 2 violate the law[,]’” Mullenix v.

State of Washington v. Eddie James Davis

Court of Appeals of Washington · Nov 6, 2025

While defense counsel’s failure to impeach H.G. with her prior convictions was clearly a conscious choice, it was not a reasonable choice in this case. … Because Davis does not establish prejudice under the second prong of Strickland, he fails to show that his counsel was ineffective.

Campbell v. ITE Imperial Corp.

107 Wash. 2d 807 · Washington Supreme Court · Mar 12, 1987

Even without such evidence, the record establishes that the PUD had full knowledge of the wiring design. … Clearly before one can compare similarity of harms, it must first be established that the harm was in fact attributable to the original, nonintervening actor. This showing has never been made in *828 this case.

Convoy Co. v. Washington Utilities & Transportation Commission

3 Wash. App. 1005 · Court of Appeals of Washington · Dec 31, 1970

The second answer is expressed- in legal overtones.- The protesting carriers cite the principle enunciated by the ICC that shippers must utilize the existing services before -a new-service will be established. . … A permit or extension thereof shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able

Ross v. Raymer

32 Wash. 2d 128 · Washington Supreme Court · Dec 17, 1948

Boyce’s estate and had qualified as such, respondent served and filed his claim against the estate for the reasonable value of the services alleged to have been rendered to Mrs. Boyce. … Osborn, 62 Wash. 400 , 114 Pac. 160 : “ ‘The court clearly indicated in the opinion that a contract will not be implied in such a case from the mere fact that services were performed, but that there must be evidence from