Case law

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.

In Re Marriage of Hamilton

84 P.3d 259 · Court of Appeals of Washington · Feb 10, 2004

Casey is qualified for SSI due to his disabilities. 3. Casey has not treated with any doctors or therapists in San Antonio, Texas, since August of 2001. … George has not filed an affidavit and, therefore, has not established that he lacks the ability to pay Dena's costs and attorney fees.

In Re Marriage of Tsarbopoulos

104 P.3d 692 · Court of Appeals of Washington · Dec 30, 2004

The court's jurisdiction to enter a child custody order is established by the uniform child custody jurisdiction act (UCCJA). … The court stated, "[t]here are ways that notice could have been clearly given as required by the statute including personal service or service by mail.

State v. Copeland

922 P.2d 1304 · Washington Supreme Court · Sep 19, 1996

Other testimony by Henry was clearly in response to new matters. … Copeland does not argue that the length of the sentence is clearly excessive, if an exceptional sentence is warranted.

In Re Johnson's Estate

20 Wash. 2d 628 · Washington Supreme Court · May 15, 1944

By his will he established a trust fund of twelve thousand dollars for the benefit of his brother, George W. … One thoroughly qualified physician testified, in answer to hypothetical questions, that in his opinion Mr.

In Re Columbia Plastics, Inc.

251 B.R. 580 · United States Bankruptcy Court, W.D. Washington · Jul 12, 2000

A trustee seeking compensation has the burden of establishing that he or she is entitled to the fees requested. … As the trustee bears the burden of proof in a fee application matter, it is not asking too much of the trustee to clearly inform the court as to the work that he or she performed.

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.

Sloan v. Thompson

128 Wash. App. 776 · Court of Appeals of Washington · Jul 5, 2005

The superior court stated in its memorandum decision that “there is no evidence of fraud or concealment” and that “[w]hile the defects of the house clearly meet that standard, the proof is not there to establish a knowing … In fact, all expert testimony points to the contrary, and the superior court erred in imputing such knowledge upon the Sloans. ¶28 Furthermore, the “as is” provision in the purchase contract does not immunize Thompson from

Brundridge v. Fluor Federal Services, Inc.

164 Wash. 2d 432 · Washington Supreme Court · Sep 4, 2008

When Fluor waived its right to challenge the “jeopardy” element, the following was true: this court had established in Hubbard v. … It cannot now claim that a change in the law excuses its waiver. 3 We hold *444 that Fluor waived its right to contest the “jeopardy” element and that it does not qualify for an exception to that waiver.

Carkonen v. Williams

76 Wash. 2d 617 · Washington Supreme Court · Sep 4, 1969

The budget allocated to the King County Assessor permitted him to retain only 81 qualified appraisers while the Snohomish County Assessor was allowed only 26. … But we are unable to conclude that the evidence suffices clearly to establish that the State Board entertained or is chargeable with any purpose or design to discriminate.

Jubitz Corporation, V State Department Of Revenue

Court of Appeals of Washington · May 29, 2024

Jubitz issued fuel cards to qualified customers that allowed the customers to obtain fuel both at Jubitz stations and at other fueling stations in the Pacific Pride/CFN networks. … Jubitz Fuel Cards Jubitz issued fuel cards to certain qualified customers.

Valve Corporation v. Rothschild

District Court, W.D. Washington · Sep 26, 2024

“Courts will not 14 find an implied waiver… unless the intent to waive the party's right is clearly 15 demonstrated by the surrounding facts and circumstances”—a “factual issue” that 16 “may only be established … as a matter of law when the facts and circumstances are 17 admitted or clearly established.”

In re the Marriage of Tsarbopoulos

125 Wash. App. 273 · Court of Appeals of Washington · Dec 30, 2004

. ¶2 The court’s jurisdiction to enter a child custody order is established by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA), chapter 26.27 RCW. … The court stated, “[tjhere are ways that notice could have been clearly given as required by the statute including personal service or service by mail.

Hill v. BCTI Income Fund-I

23 P.3d 440 · Washington Supreme Court · Jul 17, 2001

A prima facie case of racial discrimination, for instance, is generally established "by showing (i) that [the plaintiff] belongs to a racial minority; (ii) that he [or she] applied and was qualified for a job for which the … The qualifying adverb—"generally"—reflects an understanding that such would not be true in every case.

Heavens v. KING CTY. RURAL LIBR. DIST.

66 Wash. 2d 558 · Washington Supreme Court · Jul 8, 1965

On the one end of the span are the clearly permissible uses of special assessments to cover the cost of installing roads, sewers, et cetera. There is no argument that those improvements add value to the adjacent land. … I am convinced that any qualified appraiser of urban real estate, if asked whether an attractively constructed library facility would add appreciably to the market value of the reasonably adjacent real estate, would most

Starr v. Jim

52 Wash. 138 · Washington Supreme Court · Mar 9, 1909

They are not qualified to cope with the white race, and the result of this decision, should it be sustained in the higher courts, will no doubt be prejudicial to their best interests. … It seems to us that there can be no question that the Moses agreement and these several acts of Congress clearly evince the long-established policy of the government to retain a guardianship over these Indians and to hold

Alpert v. Nationstar Mortgage LLC

243 F. Supp. 3d 1176 · District Court, W.D. Washington · Mar 22, 2017

Along with the issue of inflated premiums, Plaintiff also alleges that the Defendants overvalued his property such that it would qualify for higher premiums. Id. at ¶¶ 133, 134. … The burden of establishing subject-matter jurisdiction rests upon the party seeking to invoke federal jurisdiction.' Id.

Ang v. Martin

76 P.3d 787 · Court of Appeals of Washington · Sep 23, 2003

Clearly the purpose of Schroeder's testimony was to *792 prove that the jury did not say that they were going to acquit the Angs. Further, Schroeder's testimony does not directly contradict Almeda's credibility. … Rules of evidence are designed to aid in establishing the truth.

In re the Disciplinary Proceeding Against Schafer

149 Wash. 2d 148 · Washington Supreme Court · Apr 17, 2003

We conclude that Hamilton’s statements to Schafer qualify as a “confidence” or “secret” under RPC 1.6. … When Hamilton hired Schafer to represent him in that transaction, an attorney-client relationship was established between the two parties again.

In re Pers. Restraint of Davis

Washington Supreme Court · May 18, 2017

None of these documents establish pharmacologists or toxicologists as the only qualified professionals to make such assessments. Davis has not shown that his counsel failed to meet the relevant standards. … Third, it's an exceptional case in which we, ourselves, are responsible for petitioner's counsel-we maintain the list of qualified counsel, and we appoint qualified counsel from that list.