Case law

Seattle First National Bank v. Crosby

42 Wash. 2d 234 · Washington Supreme Court · Mar 13, 1953

Thus, the following factual background is established: The trust is one established pursuant to the will of Agnes H. Anderson, who died April 5, 1940. By her last will, executed September 24, 1937, Mrs. … The terms of the will clearly indicate that the testatrix contemplated that the beneficiary might marry and have children.

State v. Saunders

120 Wash. App. 800 · Court of Appeals of Washington · Mar 24, 2004

In Green, the State had to prove kidnapping, an uncharged offense, to establish an element of the charged crime of aggravated first degree murder. … And even if the form of the oath were defective, the trial judge would qualify as a de facto officer. See State v.

Dodge v. Scripps

179 Wash. 308 · Washington Supreme Court · Nov 15, 1934

This *311 central office was established at Oakland, California, where it Was maintained until 1930, when it was removed to Seattle. … Newspapers are not immune from the current business depression. The same proportion of net profits, however, are now being declared as dividends as in years past.

State v. Greene

139 Wash. 2d 64 · Washington Supreme Court · Sep 30, 1999

The trial court judge conducted a pretrial hearing on the admissibility of DID expert testimony to establish a defense of insanity. … The court concluded the proffered DID testimony was not admissible to establish a defense of insanity.

Nelson v. Appleway Chevrolet, Inc.

129 Wash. App. 927 · Court of Appeals of Washington · Oct 13, 2005

In Van Eck , the purchaser of petroleum products was not allowed to bring an action to challenge the assessment of a sales tax on the gross earnings of petroleum products because the purchaser did not qualify as a “taxpayer … Nelson’s claim for monetary relief clearly predominates over his request for declaratory relief. ¶63 Does Mr. Nelson have standing to represent the class ? The trial court concluded that Mr.

Adams v. Department of Labor & Industries

128 Wash. 2d 224 · Washington Supreme Court · Nov 22, 1995

The Department was obliged to clearly articulate the error in the instruction by its objection. CR 51(f); Van Hout v. … In this sense, it is implicit an individual suffer a potential adverse economic impact before he may qualify for time loss benefits. Mr.

Harris v. Drake

65 P.3d 350 · Court of Appeals of Washington · Mar 18, 2003

Johnson would clearly have been in anticipation of litigation. But this litigation is between Ms. Johnson and Ms. McCay.... … Documents that A has prepared in anticipation of the litigation would be within the qualified immunity in his own suit but would be freely discoverable by defendant on a subpoena duces tecum issued in connection with the

Personal Restraint Petition Of Hach Pheth

Court of Appeals of Washington · Jan 24, 2022

Because] the trial transcript is in English, [ ] errors in interpretation will not be manifest unless a party has repeatedly complained about the inaccuracy of the interpretation.”); Marina Hsieh, “Language-Qualifying … But that limited information does not clearly establish that Pheth’s trial counsel actually threatened to withdraw if Pheth expressed his concerns to the trial court regarding his inability to understand

State v. McKague

246 P.3d 558 · Court of Appeals of Washington · Jan 19, 2011

established if a person acts intentionally or knowingly." … felony with a possible life sentence under RCW 9A.20.021(1)(a), and finding McKague guilty of third degree theft (a gross misdemeanor) and second degree assault (a class B felony), the jury who sat in judgment of McKague clearly

Neitzel v. Spokane International Railway Co.

80 Wash. 30 · Washington Supreme Court · Jun 6, 1914

It is argued that the undisputed facts establish an abandonment of the easement for public purposes. … It was clearly admissible as a circumstance upon the question of intention. The appellants assign error in the refusal of the court to give certain requested instructions.

One Pacific Towers Homeowners' Ass'n v. HAL Real Estate Investments, Inc.

108 Wash. App. 330 · Court of Appeals of Washington · Sep 4, 2001

But that does not strip one who fails to record of its declarant status, if that person so qualifies. … Nothing in the record establishes that any other entity had the “right to acquire” any condominium, by sale agreement or otherwise.

Costanich v. Department of Social & Health Services

138 Wash. App. 547 · Court of Appeals of Washington · Jan 29, 2007

erroneously interpreted or applied the law, (3) the agency failed to follow a prescribed procedure, or (4) the order is inconsistent with a rule of the agency. 4 The party challenging an agency’s decision has the burden of establishing … Attorney Fees ¶20 The superior court awarded Costanich attorney fees under the EAJA, RCW 4.84.350, which provides in relevant part: (1) Except as otherwise specifically provided by statute, a court shall award a qualified

Remington Arms Co. v. Skaggs

55 Wash. 2d 1 · Washington Supreme Court · Nov 5, 1959

We then proceeded to decide the exact issue tendered here by stating: “That this act is a valid exercise of the police power of the state is clearly established. We held in State v. … established by its reference to ‘Monopolies and Trusts.’

Ellis v. WM. PENN LIFE ASSUR. CO. OF AMERICA

124 Wash. 2d 1 · Washington Supreme Court · May 26, 1994

WAC 284-23-400 through -460 establish the purpose of the regulations and the duties of insurers and their agents and brokers. … His insurance application stated that he was not seeking replacement insurance, even though the record demonstrates clearly that this was his purpose. Mrs.

In Re the Disciplinary Proceeding Against Petersen

120 Wash. 2d 833 · Washington Supreme Court · Feb 25, 1993

A: I think it was established as a condition of diversion that Mr. Petersen be seen twice a month. … Keyser qualifies as an expert under ER 702 for his testimony in this case.

One Pacific Towers Homeowners'ass'n v. Hal Real Estate Inv.

30 P.3d 504 · Court of Appeals of Washington · Sep 4, 2001

But that does not strip one who fails to record of its declarant status, if that person so qualifies. … Nothing in the record establishes that any other entity had the "right to acquire" any condominium, by sale agreement or otherwise.

Mota v. State

114 Wash. 2d 465 · Washington Supreme Court · Mar 29, 1990

Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. … The amendment clearly affects the substantive right to good-time credit. The change in the language of the provision is material.

Kitsap Deputy Sheriff's Guild v. Kitsap Co.

219 P.3d 675 · Washington Supreme Court · Oct 29, 2009

In addition, the award clearly states that LaFrance "is not entitled to back pay per se, but may keep any Unemployment Insurance *681 benefits for which he is monetarily eligible." CP at 83. … The arbitrator ultimately found that the vast weight of evidence established that LaFrance was guilty of both misconduct and incompetence. CP at 76.

Chellew v. White

127 Wash. 382 · Washington Supreme Court · Dec 10, 1923

It is enough for present purposes to observe that the testator, by language used in his will, gave to trustees certain discretionary power looking to their establishing and maintaining a dispensary for indigent persons, with … Having refused to qualify as executors, they never became accountable for any portion of the estate to be applied in charity or otherwise.

Gillian Ben-artzi, Resp-cross App, Eric Ben-artzi, Resp v. Kilgour William, App-cross Res

Court of Appeals of Washington · Dec 9, 2019

These facts clearly support finding a substantial change in circumstances and modification to the child support order. … § 78u-6(g)(1)-(2)(A), the appellants assert that the trial court violated sovereign immunity because the “Investor Protection Fund, from which the SEC pays whistleblower awards, ‘is established in the Treasury of the