Case law

Trujillo v. Northwest Trustee Services, Inc.

181 Wash. App. 484 · Court of Appeals of Washington · Jun 2, 2014

It is not necessary for the holder to first establish that he has some beneficial interest in the proceeds.1 64 1 ¶43 This passage explains that, at common law, the holder of a note could also be its owner at the same time … The language of the first sentence of RCW 61.24- *501 .030(7)(a) could have more clearly stated that a beneficiary who is the holder of a note is not always the owner of the note.

In Re Estate of O'Brien

109 Wash. 2d 913 · Washington Supreme Court · Jan 28, 1988

To constitute a delivery "it must be clearly apparent that the grantor intended that the deed should presently pass title." Juel, at 437. … By characterizing these provisions as nontestamentary, they are immune from invalidation due to noncompliance with the statute of wills, RCW 11.12.020.

Oneamerica Votes, V. State Of Washington

Court of Appeals of Washington · Oct 10, 2022

To establish standing, the plaintiffs must establish: (1) the interest sought to be protected is within the zone of interests being regulated by the law in question and (2) the challenged action … The Challengers clearly raise a justiciable issue regarding the scope of the prohibition as laid out in WAC 390-16-330(2)(a).

Commonwealth Ins. Co. v. GRAYS HARBOR

84 P.3d 304 · Court of Appeals of Washington · Apr 13, 2004

Commonwealth argues that section 102 applies only to buildings that qualify as a public nuisance under common law. … Attorney Fees The County asserts that it is entitled to attorney fees because it had to litigate to establish coverage.

Aluminum Co. of America v. Aetna Casualty & Surety Co.

140 Wash. 2d 517 · Washington Supreme Court · May 4, 2000

Thus, while it is true Alcoa cannot have “title” to the groundwater in either Washington or New York, it clearly has an interest in groundwater that can be enforced at law, i.e., its license to withdraw the groundwater for … Out of 85 total subareas at the three test sites, the jury was unable to establish Alcoa’s knowledge for 33 of them.

Dam v. General Electric Co.

144 F. Supp. 175 · District Court, E.D. Washington · Aug 27, 1956

The others clearly appear to involve genuine issues of material fact and will not, therefore, be considered. … kind of trial they would have in-the state court, and any law of the state-which would substantially affect the outcome of the lawsuit must be regarded-as substantive and be followed by the federal court. 4 It is a well-established

Kennewick Irrigation District v. Benton County

179 Wash. 1 · Washington Supreme Court · Sep 10, 1934

Appellants contend that the legislative intent to preserve the lien of general taxes levied prior to the date the irrigation district acquired title to the property is clearly manifested in Rem. Rev. … They made no effort to destroy the presumption of the deed’s validity by establishing the fact that one of the essential steps was not taken.

In Re the Interest of: B.R.

Court of Appeals of Washington · Mar 10, 2026

It must also find that “continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” RCW 13.34.180(1)(f). … the legislature provided that an alleged father’s, birth parent’s, or parent’s wishes must be followed if that person has agreed to termination of their parental rights and their proposed adoptive placement is properly qualified

State v. Johnston

177 P.3d 1127 · Court of Appeals of Washington · Feb 12, 2008

Johnston's claims are correct, he still cannot establish that the trial court abused its discretion. There was clearly a serious potential for a conflict of interest. Ms. … He claims that defense counsel was ineffective for failing to seek dismissal due to a violation of the speedy trial rule. ¶ 67 While not clearly explained in Mr.

State v. Marchand

37 Wash. App. 741 · Court of Appeals of Washington · Jun 5, 1984

Trooper Richmond arrived at the location and established the roadblock by placing a single traffic cone on the divider area of the 4-lane roadway. … The trooper's testimony clearly supports the trial court findings. Hence, we accept the findings as supported by substantial evidence. See State v.

Puget Sound Power & Light Co. v. Asia

2 F.2d 485 · District Court, W.D. Washington · Mar 12, 1921

when it is deemed advisable to purchase any public utility mentioned in 8005, and if in the acquisition a general indebtedness is to be incurred: “Such proposition shall be adopted and assented to by three-fifths of the qualified … Clearly the recourse of the plaintiff is to maintain the integrity of the special fund.

Lucas v. Department of Social & Health Services

73 Wash. App. 708 · Court of Appeals of Washington · Apr 11, 1994

The allegations were uncontested, and on January 24, 1991, dependency was established by an agreed order signed by Megan and her attorney. … The Legislature should define the statutory term "prospective adoptive parent”, clearly setting forth the prerequisites to becoming one.

In Re the Detention of Taylor-Rose

199 Wash. App. 866 · Court of Appeals of Washington · Jul 25, 2017

However, RCW 71.09.020(17) provides a list of offenses that qualify as a “sexually violent offense” and that list includes second degree child molestation. … And our Supreme Court clearly stated in Moore that current dangerousness is not a separate factor, but is inherent in the existing definition of an SVP. 167 Wn.2d at 125.

Matter of Marriage of Mull

61 Wash. App. 715 · Court of Appeals of Washington · Jul 1, 1991

We hold that when a parent is required to make capital contributions in order to maintain his or her source of income and when such contributions are not made to evade greater support obligations, those contributions qualify … The terms of the plan clearly make an election to participate in it irrevocable.

Shirley v. Washington State Department of Fish and Wildlife

District Court, W.D. Washington · May 13, 2025

Federal Rules 14 Federal Rule of Evidence 702 provides that a witness who is qualified as an expert by 15 knowledge, skill, experience, training, or education … Risch’s conclusions about 6 whether Defendants provided a reasonable accommodation or established undue hardship will be 7 excluded.

In re Cole

37 F. Supp. 860 · District Court, E.D. Washington · Feb 25, 1941

Certainly such testimony was material and the witness was qualified. The only question, of course, would be as to the weight, if any, that the court should accord to same. … The evidence submitted to the court established the following: The real estate in question is an orchard tract of 8.8 acres in Douglas County three miles from Wenatchee.

In Re: Gretchen Ruff (fka Gretchen Worthley) v. William Worthley

198 Wash. App. 419 · Court of Appeals of Washington · Mar 28, 2017

issues as to which discretionary review is granted). 7 The parties concede that the superior court erred when it set an evidentiary hearing to determine who the primary parent is under the CRA when the parenting plan clearly … That the CRA incorporates and relies on this traditional presumption is well established in Washington. See Osborne, 119 Wn. App. at 144; In re Marriage of Kim, 179 Wn.

Beltran v. Department of Social & Health Services

98 Wash. App. 245 · Court of Appeals of Washington · Dec 13, 1999

It further provides that the State may authorize exceptions only if it is clearly evident that care for a person in one category will not interfere with the safety of those in other categories. … As the respondents claim, applications for employment would be relevant and discoverable only if Beltran had alleged that the employees were not qualified to be hired into their positions.

State v. Nowinski

102 P.3d 840 · Court of Appeals of Washington · Dec 13, 2004

Here, the prosecutor's qualified disclaimer that there were "no deals being made that night " [15] is more consistent with negotiations conducted in contemplation of a guilty plea. … But here, the undisputed facts establish that Nowinski clearly manifested to the detectives his desire to seek a "deal."

Bering v. Share

106 Wash. 2d 212 · Washington Supreme Court · Jun 19, 1986

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. Hague v. Committee for Indus. Org., 307 U.S. 496, 515 , 83 L. … Although these findings are supported by the record, the record also clearly demonstrates that such incidents have been isolated and infrequent in occurrence.