Case law

State v. Howe

212 P.3d 565 · Court of Appeals of Washington · Jul 21, 2009

. ¶ 9 To determine whether an out-of-state conviction qualifies as a "sex offense," a trial court compares the out-of-state statute with comparable laws of this state. See State v. … The State, therefore, failed to establish an essential element of the crime of failure to register as a sex offender. Werneth, 147 Wash.App. at 555 , 197 P.3d 1195 .

Albayati v. Cascade Windows

District Court, E.D. Washington · Sep 25, 2025

poverty claim is 17 false “or (B) the action or appeal-- (i) is frivolous or malicious; (ii) fails to state a 18 claim on which relief may be granted; or (iii) seeks monetary relief against a 19 defendant who is immune … The second amended complaint must be legibly rewritten 3 or retyped in its entirety; it should be an original and not a copy; it may not 4 incorporate any part of the complaint by reference; and IT MUST BE CLEARLY 5

In Re F5 Networks, Inc.

207 P.3d 433 · Washington Supreme Court · May 21, 2009

But we have also long recognized that demand is not required if the plaintiffs can "`clearly show that a demand for corporate action would have been useless.'" … The legislature clearly contemplated that there would be times demand would not be made and did not, as they could, require dismissal.

Vasudeva v. United States

3 F. Supp. 2d 1138 · District Court, W.D. Washington · May 27, 1998

Once a store qualifies for the civil fine in lieu of permanent disqualification, the amount of the fine is determined by 7 C.F.R. § 278.6 (j), the regulation at issue in this case. … Given the total absence of any evidence establishing carelessness by Southland’s store and given a finding by the agency that the store had an effective training and compliance program, the Southland store should have received

Dillard v. Washington Public Employees' Retirement System

23 Wash. App. 461 · Court of Appeals of Washington · Jun 6, 1979

Dillard's total incapacity arose from "the tension and strain placed upon her by her work over a period of years” and not as the natural and proximate result of an accident, "clearly erroneous in view of the entire record … Rohila's nonmedical testimony is both competent to establish and did in fact establish a causal connection between some traumatic incidents and Mrs.

Garcia v. Department of Transportation

161 Wash. App. 1 · Court of Appeals of Washington · Feb 22, 2011

Miller, who by all accounts is certainly qualified as an expert in this area, in his opinion, the City failed to exercise proper engineering discretion by not demanding or requesting of the state Department of Transportation … It is well established that in order to hold a municipality liable for failure to provide a safe roadway, the plaintiff must establish “more than that the government’s breach of duty might have caused the injury.”

State Of Washington v. Margie L. Derenoff

Court of Appeals of Washington · Jul 15, 2014

Here, the first Mathews factor, regarding Derenoff' s private interests, clearly weighs in Derenoff s favor because forced hospitalization deprives her of significant liberty interests. Addington, 441 U. S. … In re Fair, 167 Wn.2d at 362. " When confronted with revocation of a qualified or conditional liberty, the United States Supreme Court has indicated that limited Fourteenth Amendment due process guaranties

ACLU of Washington v. City of Seattle

89 P.3d 295 · Court of Appeals of Washington · May 3, 2004

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 … We also conclude that the City has established that disclosure would be injurious to the deliberative or consultative function and inhibit the negotiation process.

Xiao Ping Chen v. City of Seattle

153 Wash. App. 890 · Court of Appeals of Washington · Dec 28, 2009

A trier of fact may conclude that a municipality breached its duty of care based on the totality of the circumstances established by the evidence. … As a human factors analyst, [Alexander is] qualified to analyze and give opinions about the interaction between roadway characteristics and the cues it conveys to the roadway users, including drivers and pedestrians.”

Youmans

District Court, E.D. Washington · Jan 13, 2026

The party seeking a protective order has 8 the burden of establishing good cause and must show prejudice “for each particular 9 document it seeks to protect.” Foltz, 331 F.3d at 1130. … If only a portion or portions of the 13 material on a page qualifies for protection, the producing party also 14 must clearly identify the protected portion(s) (e.g., by making 15 appropriate

Callahan v. Jones

200 Wash. 241 · Washington Supreme Court · Aug 18, 1939

Cushing has been the regularly elected, qualified, and acting prosecuting attorney for Clark county, and Mr. Jones has been his regularly appointed deputy. … The legislative intent to entirely separate the official duties of prosecuting attorneys from any private gain clearly appears, and this legislative policy is so clearly in the public interest that the statute should not

Baggett v. Bullitt

215 F. Supp. 439 · District Court, W.D. Washington · Feb 9, 1963

We cannot agree that members of state institutions of higher learning are constitutionally immune from inquiry into matters within the legitimate legislative concern, in the public interest. 12 The next question is whether … New Hampshire, 21 to make statements about matters of private conscience which are not clearly included within the scope of legislative concern. Plaintiffs’ reliance on these cases is misplaced.

Wagner v. County of Spokane

District Court, E.D. Washington · Feb 12, 2020

Order must be clearly so 14 designated before or when the material is disclosed or produced. 15 11. … If only a portion or portions of the 19 material on a page qualifies for protection, the producing party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate markings in the 21 margins

Moli v. King County

District Court, W.D. Washington · Apr 29, 2024

I am not opposed to all Immunizations, just the Immunizations that conflict with my sincerely held religious beliefs 4 described above concerning the COVID vaccination. … She 7 makes clear, however, that she does not object to all vaccines or immunizations.

King County v. Washington State Board of Tax Appeals

28 Wash. App. 230 · Court of Appeals of Washington · Jan 19, 1981

The Thurston County Superior Court made no specific findings on this issue, but also concluded that the plaintiffs lacked standing to qualify for statutory certiorari. … A superior court, in deciding whether to grant review, looks initially to the petitioner's allegations to determine whether, if true, they clearly demonstrate such a violation. State ex rel. Hood v.

Mildes

District Court, E.D. Washington · Nov 13, 2025

Kobes recommended that Plaintiff hold 19 off on receiving the COVID-19 vaccine until further studies were released that 20 addressed the immune response, safety, efficacy, or long-term effects on asplenic 21 patients … Where the employee establishes a prima facie case, a rebuttable presumption of 24 discrimination exists. Id.

Roberson v. Perez

123 Wash. App. 320 · Court of Appeals of Washington · Aug 3, 2004

We also very clearly requested any internal documents relevant to an investigation of [Detective] Perez.” CP at 1451 (emphasis added). Mr. … The plaintiffs’ discovery requests that are the subject of the sanction were clearly addressed to the city of Wenatchee alone.

Kennedy v. Sea-Land Service, Inc.

62 Wash. App. 839 · Court of Appeals of Washington · Sep 16, 1991

The employee sought to recover under maritime law in federal district court because state law gave immunity to both defendants. … Further, Container Stevedoring agreed to "abide by the policies, rules and procedures which Sea-Land may from time to time establish . . .".

French

District Court, W.D. Washington · Apr 2, 2026

It also does not indicate whether any Defendants sought to hire a 7 white inmate over qualified inmates of other races. … In order to establish an 14 Eighth Amendment violation, a prisoner must satisfy a two-part test containing both an 15 objective and a subjective component.

Spice v. Internal Revenue Service

District Court, W.D. Washington · May 11, 2020

They also argue that Trustee 8 Budsberg and Budsberg Law have quasi-judicial immunity against the claims here. Id. … law 5 or by a nonfrivolous argument for extending, modifying, or reversing existing law or for 6 establishing new law.”