Case law

Escalante v. Sentry Insurance

49 Wash. App. 375 · Court of Appeals of Washington · Sep 28, 1987

This distinction clearly has nothing to do with whether a direct consumer relationship is a prerequisite to a suit under the CPA. … As one authority correctly points out, [t]he various state insurance laws that establish the requirements for uninsured motorist insurance are clearly intended to benefit all insureds, and the attainment of this goal certainly

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.

American Civil Liberties Union v. City of Seattle

121 Wash. App. 544 · Court of Appeals of Washington · May 3, 2004

data on which a decision is based.[6] An appellate court reviews de novo a trial court’s decision about whether documents or records fall under an exemption to the Act. 7 We must determine in this case whether the lists qualify … The court noted that once the proposal became funded, the policy is clearly implemented, so the “pink sheets” would become disclosable.

Senn v. Northwest Underwriters, Inc.

74 Wash. App. 408 · Court of Appeals of Washington · May 31, 1994

Cimoch clearly owed a fiduciary duty to Consumers in her capacity as one of its officers and directors 7 under RCW 48.05.370. … In this case the Commissioner established that Cimoch would have discovered the defalcation had she exercised due diligence.

State ex rel. Webster v. Superior Court

67 Wash. 37 · Washington Supreme Court · Jan 27, 1912

There is no absolute right to do as one wills, pursue any calling one desires, or contract as one chooses . . . liberty means absence of arbitrary restraint, not immunity *41 from reasonable regulations and prohibitions imposed … But for the very reason that such a contract has the effect of extinguishing pro tanto an undoubted power of government, • both its existence and the authority to make it must clearly and unmistakably appear, and all doubts

State v. Mays

65 Wash. 2d 58 · Washington Supreme Court · Oct 8, 1964

First, the granting or denial of a continuance, a recess, or a postponement rests in the sound discretion of the trial court, and error cannot be predicated thereon unless the trial court clearly abuses its discretion. … Any qualified expert in the field of psychiatry could have been called by appellant for this purpose on surrebuttal.

In re The Estate of Sullivan

48 Wash. 631 · Washington Supreme Court · Mar 7, 1908

Farrell was duly appointed and qualified as administrator of the estate of said Johanna Callaghan, and that he is now such administrator. … We think the identity of this Peter Sullivan with that of John Sullivan’s father is not established.

Haines v. City of Centralia

District Court, W.D. Washington · Feb 8, 2021

Humphrey, 512 U.S. 477 (1994), 21 collateral estoppel, and/or the applicable statute of limitations, (c) Chief Nielsen is entitled to 22 qualified immunity, and (d) plaintiff has not shown that the alleged constitutional … asserted against him on qualified immunity grounds.

Young v. Pena

District Court, W.D. Washington · Oct 9, 2019

. ## 50, 53.) 19 The Ninth Circuit has held that district courts have discretion to entertain successive 20 motions for summary judgment, independent of whether the motions involve qualified immunity. 21 See Hoffman … Id. at *4. 9 Defendants’ second motion for summary judgment does not clearly articulate the reasons 10 why the Court should exercise its discretion to consider their repetitive dispositive

Pernell v. Commissioner of Social Security

District Court, W.D. Washington · Jun 2, 2021

7 Step two: Plaintiff has the following severe impairments: multiple sclerosis, common 8 variable immune … Nov. 10, 2020) (finding that the new regulations do not clearly 20 supersede the “specific and legitimate” standard because the “specific and

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.

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.

Ago

Washington Attorney General Reports · Feb 1, 2010

Young Men's Christian Ass'n of Seattle , 101 Wash. 487 , 493 , 172 P. 554 (1918) (considering whether an institution was a benevolent and charitable institution entitled to immunity from tort liability). … In 1993, the legislature established the Commission on Ethics in Government and Campaign Practices and directed it to study and make recommendations regarding, among other issues, ethics in government.

Eric R. Shibley, Md, / X-res. v. King County Public Hospital District, / X-app.

Court of Appeals of Washington · May 23, 2016

The moving party has the burden to establish that there is no genuine dispute over a material fact, and reasonable inferences must be drawn in favor of the nonmoving party. Atherton Condo. Apartment-Owners Ass'n Bd. … RCW 70.41.210(5) clearly mandates attorney fees only for a report filed "under this section," meaning with the Department of Health. In the amended complaint, Dr.

City of Seattle v. City of Seattle

230 P.3d 640 · Court of Appeals of Washington · May 3, 2010

SPD manual provides, "In all matters of deployment of field units, the Communications Dispatcher speaks as the voice of, and with the authority of, the Chief of Police." [8] The Commission concluded, however, that "while clearly … Its purpose is to establish a prototype law enforcement civil service system that protects employees against arbitrary and discriminatory discipline and ensures the public is served by qualified law enforcement officers by

State v. 119 Vote No! Committee

135 Wash. 2d 618 · Washington Supreme Court · Jun 11, 1998

Calculated falsehood falls into that class of utterances which “are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly … The Oregon standard is a very difficult one to establish, but still provides that factually false statements may be actionable.

State v. McAlpin

36 Wash. App. 707 · Court of Appeals of Washington · Feb 21, 1984

Deputy Sheriff Nichols and a reserve deputy named O'Neill, both qualified emergency medical technicians, overheard the dispatch and responded to the call believing they would be able to assist. … We first address McAlpin's contention that the elements of the "plain view" exception to the Fourth Amendment were not established by the evidence presented.

State v. Peerson

62 Wash. App. 755 · Court of Appeals of Washington · Sep 9, 1991

Peerson, under 24-hour police surveillance in his hospital room, was clearly in custody. … We are also unable to review his argument that the prosecutor, in allegedly requesting the trial court in the jury's presence to grant Wiren immunity, vouched for Wiren's credibility.

Port of Seattle v. Department of Revenue

101 Wash. App. 106 · Court of Appeals of Washington · Jun 9, 2000

The Department concluded that the Sea-Tac airport did not qualify for the tax treatment provided in RCW 82.04.050(7). … Further, while tax statutes generally are interpreted in favor of the taxpayer, exemption statutes are construed strictly against the taxpayer, and the taxpayer has the burden of establishing any exemption.

Peoples National Bank v. Livingston

8 Wash. App. 519 · Court of Appeals of Washington · Mar 12, 1973

The will was admitted to probate shortly after her death, and the respondents qualified as co-executors. … A mere statement that the testator desires his taxes to be paid does not clearly express an intention to charge his estate with taxes imposed by law upon a beneficiary.