Case law

Lewis County v. State Of Washington

Court of Appeals of Washington · Dec 17, 2013

We agree with the trial court that the County presented neither type of qualifying issue here. A. … Diversified Indus., 82 Wn.2d at 815. 4 Because the County must establish all four elements to demonstrate a justiciable controversy the failure to establish any one element is fatal to its claim.

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

In re the Marriage of: Jeannie Kile & Gordon B. Kendall

Court of Appeals of Washington · Apr 9, 2015

The burden was on her to demonstrate, clearly, that the leases and the profits derived from operating under them were her separate property. … And RCW 26.09.090 clearly makes an award of maintenance discretionary, not mandatory. Here, the trial court awarded Mr.

Macias v. Saberhagen Holdings, Inc.

175 Wash. 2d 402 · Washington Supreme Court · Aug 9, 2012

They do not establish any new, absolute rule limiting liability. ¶27 But as the plaintiffs point out, the Court of Appeals treated Simonetta and Braaten as establishing virtually an absolute rule: if the source of the hazardous … As stated, the legislature has authority to immunize manufacturers of safety equipment from liability, but they have not implemented such public policy in the WPLA itself.

Rudder v. Washington State Department of Corrections

District Court, W.D. Washington · Sep 16, 2024

Third, the plaintiff must establish a causal 22 connection between the adverse action and the protected conduct. … Because her 9 claims are clearly time-barred, leave to amend would be futile.

Fisher Broadcasting-Seattle TV LLC v. City of Seattle

180 Wash. 2d 515 · Washington Supreme Court · Jun 12, 2014

The record establishes that “log sheets” specifically *523 referred to paper forms that had not been used since 2002 and that these forms had been destroyed in 2004. … KOMO also contends that RCW 9.73.090(1)(e) does not qualify as an “other statute exception” because such other statutes “must exempt or prohibit disclosure of specific public records in their entirety.”

Donald B. Murphy Contractors, Inc. v. State

40 Wash. App. 98 · Court of Appeals of Washington · Mar 14, 1985

Rather, the State clearly intended to use these culverts only as temporary detours while completing the permanent sections to the I-90 freeway project. The other cases cited by DBM we find equally unhelpful. … Alternatively, DBM asserts that even if the statements were hearsay, the statements qualify as admissions under ER 801(d)(2), because the agents had either actual or apparent authority, citing *109 Hartman v.

Tiderman v. Fleetwood Homes

35 Wash. App. 872 · Court of Appeals of Washington · Oct 17, 1983

Here, the jury could have concluded that the language "necessary to make the use of the product reasonably safe" either qualifies the duty to warn, or that it merely explains why the duty to warn is absolute. … Evidence, both oral and documentary, *879 clearly established that she and her roommate, Sonja Strandholm, were copurchasers of the unit.

State Ex Rel. Christensen v. Hinkle

169 Wash. 1 · Washington Supreme Court · Jul 19, 1932

They do not hold until their successors are elected and qualify. In the event of a failure to elect, a vacancy results and continues until it is filled either at a special or general election. … The respective endings of the terms of the two classes of senators was forever established by the lot drawn in 1891.

In re the Personal Restraint of Morris

189 Wash. App. 484 · Court of Appeals of Washington · Jul 13, 2015

Feldman clearly qualified as an expert. … Feldman could not establish the timing of the injury. 122 ¶65 Morris also asserts that if trial counsel had used the studies available on the issue of lucid intervals, “she could have established through Dr.

State v. Carlson

143 Wash. App. 507 · 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 [urinalyses].”

Palmer v. Massey-Ferguson, Inc.

3 Wash. App. 508 · Court of Appeals of Washington · Oct 29, 1970

Under the circumstances, we think that the expert witness was well qualified to give the testimony offered. … If a plaintiff elects to proceed under strict liability, of course Ulmer does not require added proof sufficient to establish negligence if evidence sufficient to establish a right to recover under strict liability theory

Adams v. Ernst

1 Wash. 2d 254 · Washington Supreme Court · Nov 8, 1939

decision confirming a pending recommendation of the Pierce county welfare department that respondent be granted old age assistance in the sum of fourteen dollars per month to *257 meet her needs, according to the department’s established … While the concluding language of that section is somewhat inexact, we think its context clearly indicates that no claim, in any form, for assistance under the act shall be further recognized or payments made thereon, if the

Mendoza v. Zirkle Fruit Co.

222 F.R.D. 439 · District Court, E.D. Washington · Jul 13, 2004

Here, a class of authorized workers clearly exists. Determining the identity of its members and providing them with adequate notice will not be easy. … This is because short-term employees, unlike long-term employees, rarely qualify to vote in union elections.

State v. Seattle Taxicab & Transfer, Co.

90 Wash. 416 · Washington Supreme Court · Mar 29, 1916

The principle of' these cases clearly support the title to the act in question. … Clearly, the city so regarded them and acted upon such distinction. . . .

Estevez v. Faculty Club of the University of Washington

129 Wash. App. 774 · Court of Appeals of Washington · Mar 28, 2005

The burden is on the moving party to establish its right to summary judgment as a matter of law. CR 56(c); Kahn, 90 Wn. … Thus, we hold that the Club does not have “meaningful conditions of limited membership” sufficient to qualify it for a “bona fide private club” exemption under 42 U.S.C. § 2000e(b)(2).

Majority Opinion

Court of Appeals of Washington · Jun 26, 2014

This is evidence that there was some forethought to the murders and that Cross was acting clearly and with intention, not as a result of mental illness. … Weyerhaeuser Co., 134 Wn.2d 795, 803, 953 P.2d 800 (1998) (malingering can be established through expert and nonexpert opinion).

Wilson v. Wright

52 Wash. 2d 805 · Washington Supreme Court · Aug 28, 1958

Appellant failed to present any evidence whatever tending to establish such fact. … This question clearly called for an answer which was beyond the issues framed by the pleadings.

State v. Cruz

985 P.2d 384 · Washington Supreme Court · Oct 7, 1999

Qualifying crimes committed before that date could not be counted in sentencing proceedings occurring after that date. … Such forgiving implies that guilt was established. Cullen , [14 Wash.2d] at 109 [ 127 P.2d 257 ].

Storedahl Properties, LLC v. Clark County

178 P.3d 377 · Court of Appeals of Washington · Mar 11, 2008

Samis, 143 Wash.2d at 809, 23 P.3d 477 . ¶ 23 Storedahl contends that the thrust of chapter 13.30A of the Clark County Code is clearly on funding. … The County correctly argues that the GAO decision "sets forth a federal analysis of whether the King County storm water management fee is a tax for purposes of the federal immunity from state taxation."