Case law

Lambert v. McKay

District Court, W.D. Washington · May 21, 2021

Plaintiff argues that it is “clearly established law” that a correctional 16 facility may not restrict inmate access to printed material solely because it is downloaded from the 17 internet. Pl. … 7 settled law” demonstrating a constitutional violation, the individual Defendants are entitled to 8 qualified immunity. 9 Finally, Counts 21-23 claim violations

Andrew Leitner v. City Of Tacoma

Court of Appeals of Washington · Nov 24, 2020

This is clearly a scrivener’s error and should have been RCW 51.32.185. 4 No. 52908-4-II Leitner prior to December 31, 2014 and saw no signs of cardiovascular distress … The party challenging the decision in an appeal must establish a prima facie case for the relief sought on appeal, and they must do so by a preponderance of the evidence.

State v. Mason

127 Wash. App. 554 · Court of Appeals of Washington · Apr 18, 2005

the statement fell within a firmly rooted hearsay exception. 4 The excited utterance exception is a firmly rooted hearsay exception, 5 and thus out-of-court statements made by unavailable witnesses were admissible if they qualified … The court clearly limited the admissibility of this testimony, and in this context, Santoso’s statement was not introduced to implicate Mason. Crawford is inapplicable. 5.

Ekman v. United Film Service, Inc.

53 Wash. 2d 652 · Washington Supreme Court · Feb 26, 1959

Nor did this contract deprive the privilege of engaging in that vocation and work for which he was trained and which he was qualified to perform. … Respondent failed to establish that he had fulfilled the conditions of the contract which granted to him the reserve commissions.

Malland v. Department of Retirement Systems

103 Wash. 2d 484 · Washington Supreme Court · Jan 11, 1985

The trial judge affirmed, ruling that the State Board's order was neither "arbitrary and capricious" nor "clearly erroneous". … He would thus qualify again for disability retirement. I am mystified by the majority's reference at page 490 to nonapplication of collateral estoppel to the disability award itself.

Newbery v. Wilkinson

190 F. 62 · U.S. Circuit Court for the District of Eastern Washington · Sep 6, 1911

His will was admitted to probate; an administra-trix with the will annexed was appointed and qualified, notice to creditors was published under date of April 30, 1904, and the administration was closed by final decree on … Their claim was clearly against the administrator of John G. Morgan, whether the latter be considered as the defaulting partner of themselves or of their father.

United Brotherhood of Carpenters & Joiners v. Building & Construction Trades Department

911 F. Supp. 2d 1118 · District Court, E.D. Washington · Dec 4, 2012

In order for a state offense to qualify as a predicate act in a RICO suit it must be “capable of being generieally classified as extortionate ... … The Supreme Court has spoken very clearly on this point.

Ohlson v. Sawbridge

156 Wash. 430 · Washington Supreme Court · Apr 21, 1930

Appellant also attempted, by the oral testimony of witnesses who were present at these meetings, to establish what had been done. Objections to this testimony were also sustained. … Perry, 152 Wash. 5 , 277 Pac. 81 ; but we think *438 a simple comparison shows that this instruction clearly avoids the evils pointed out in the Perry case.

DAVIDSON SERLES v. City of Kirkland

246 P.3d 822 · Court of Appeals of Washington · Jan 24, 2011

The Growth Management Act (GMA), chapter 36.70A RCW, "clearly contemplates that challenges to comprehensive plan amendments [and development regulations] must be brought before the [Board]." Coffey v. … Torrance, 136 Wash.2d at 793-794 , 966 P.2d 891 . ¶ 18 The GMA establishes the exclusive means to review the City's amendments to its comprehensive plan and zoning code.

La Clair v. United States

184 F. 128 · U.S. Circuit Court for the District of Eastern Washington · Jun 18, 1910

asserted, and not denied, that this petitioner, in consideration of the surrender of his patent to lands on the Yakima reservation on account of having had a prior allotment on the Puyallup reservation, was thereafter to be immune … This clearly shows the intention to distinguish these Indians from those of the Yakimas who had theretofore resided on the reservation. While the report of Col.

Yes for Early Success v. City of Seattle

183 Wash. App. 379 · Court of Appeals of Washington · Sep 2, 2014

Among other things, the initiative would establish a $15 minimum wage for child care teachers and staff, establish a city policy limiting child care costs to no more than 10 percent of income, prohibit violent felons from … The allegation of an OPMA violation clearly rests on Yes for Early Success’s assumption that the city charter provisions govern the ballot format.

City of Port Angeles v. Our Water-Our Choice!

170 Wash. 2d 1 · Washington Supreme Court · Sep 23, 2010

The majority asserts the initiatives here 9 are administrative because the city of Port Angeles (the City) implemented its water fluoridation program pursuant to an existing regulatory system established by the Washington … RCW 35A. 11.080 provides, “The qualified electors or legislative body of a noncharter code city may provide for the exercise in their city of the powers of initiative and referendum . . . .”

State v. Law

146 Wash. App. 28 · Court of Appeals of Washington · Jun 2, 2008

The examiners who wrote the summaries were not identified. ¶15 The trial court ruled that the contents of the letter were “clearly hearsay” and would not be admissible as substantive evidence. … But the court ruled that “to ask him about statements in the letter and asking him to explain it, deny it or admit it, [calls for] clearly inadmissible hearsay.” ¶16 The trial court’s ruling was correct.

Hearst Communications, Inc. v. Seattle Times Co.

86 P.3d 1194 · Court of Appeals of Washington · Mar 22, 2004

Under the established rules for contract interpretation, we are constrained to agree. … The parties' declaration makes no mention of the marketplace, however, and the agreement clearly permits either party to terminate the agreement and escape a losing enterprise.

Whatcom County v. Western Washington Growth Management Hearings Board

186 Wash. App. 32 · Court of Appeals of Washington · Feb 23, 2015

WATER AVAILABILITY ¶19 The County argues that the Board erred when it concluded that the County’s measures to protect water availability were clearly erroneous. … Hirst argues that even if there were “an ‘Ecology interpretation’ expressing a ‘legal conclusion’ that the [Nook-sack Rule] ‘was not intended to apply to permit exempt with *62 drawals,’ as the County claims, it would not immunize

In Re Custody of CCM

202 P.3d 971 · Court of Appeals of Washington · Mar 9, 2009

Generally, ICWA applies to custody proceedings involving Indian children, but it explicitly does not employ a "best interests" standard in this type of proceeding, which qualifies as an action for foster care placement under … Accordingly, we conclude that the Mecums' petition qualifies as an action for foster care placement under ICWA. III ¶ 18 We now turn to the issue of notice to the Tribe.

State v. Sanchez

171 Wash. App. 518 · Court of Appeals of Washington · Oct 30, 2012

Daniel Fessler learned of Mendez’s California arrest on October 25, he began to look for qualified counsel outside his office to represent Mendez. … According to her, she started thinking clearly about what had happened only after she was discharged.

Mecum v. Department of Social & Health Services

149 Wash. App. 184 · Court of Appeals of Washington · Mar 9, 2009

Accordingly, we conclude that the Mecums’ petition qualifies as an action for foster care placement under ICWA. Ill ¶18 We now turn to the issue of notice to the Tribe. … App. at 306 . ¶43 Nor does the judgment clearly account for DCS’s interest in unpaid support installments under the April 16, 2001, California court order, which set Pomiak’s monthly support obligation at $212.

State ex rel. Troy v. Martin

38 Wash. 2d 501 · Washington Supreme Court · Apr 30, 1951

$40,000,000 of public school building general obligation bonds purported-to have been authorized by Laws of 1949, chapter 229, p. .857, and subsequently ratified by the adoption of referendum bill No. 7 by a majority of the qualified … If a reasonable doubt appears, it should be resolved in favor of the validity of the law, the presumption being ‘that the statute in question is constitutional,’ and the burden rests upon the attacking party to clearly establish

In Re The Estate Of Richard D. Kolesar

532 P.3d 170 · Court of Appeals of Washington · Jul 3, 2023

The July 9 order unambiguously states: “The established Will of Richard D. Kolesar is hereby admitted to probate.” … The plain language of this order clearly indicates that the will was probated on the date of the order.