Case law

Cameron v. Perkins

76 Wash. 2d 7 · Washington Supreme Court · May 15, 1969

There was no question of the creation of a party wall, since it clearly existed by written contract. … The land covered by the wall is the several property of the owner of the portion on which it stands, yet the title of each is qualified by the easement to which the other is entitled.

State v. Grayson

111 P.3d 1183 · Washington Supreme Court · May 26, 2005

Most significantly, the trial judge was aware of other pending drug charges, one of which involved such a large quantity of marijuana that Grayson could not qualify for DOSA in that case. … Instead the trial judge clearly answered the question posed by the DOSA statute: Would Grayson and the community benefit if the court were to grant him a DOSA sentence?

Wallace v. Lewis County

134 Wash. App. 1 · Court of Appeals of Washington · Jun 20, 2006

Gee Cee failed to establish an intentional continuing trespass; it also failed to show damages. *15 A. … The public duty doctrine is an exception to Washington’s waiver of sovereign immunity. Bodin v. City of Stanwood, 130 Wn.2d 726, 731 , 927 P.2d 240 (1996).

Emard v. Squire

58 F. Supp. 281 · District Court, W.D. Washington · Jan 4, 1945

The plaintiffs would deduct the union dues from the amounts owing the fishermen, and by the payment of such dues the fishermen became qualified members of the union. 7. … The court clearly adopts the well-known and traditional legal distinctions between “employee” and “independent contractor.” It becomes authority, therefore, in interpreting the Acts that it had under consideration.

State v. Depaz

204 P.3d 217 · Washington Supreme Court · Apr 2, 2009

The transcript clearly indicates that she voluntarily admitted to talking to her husband about the case. … Clearly, this juror is being influenced by a third party, her husband, and the good grounds have been shown for her excusal....

State Of Washington v. Anthony Brestoff

Court of Appeals of Washington · Jan 4, 2018

But neither of those cases is particularly instructive because neither Murrin 3 nor Tran 4 squarely address the issue presented here—whether an act qualifies as the “same conduct” if the conduct is not the direct cause … Although we did not discuss whether the new offense violation and the criminal charge were based on the same conduct—Tran’s driving without a license—this conclusion was clearly implied. See 117 Wn.

In re the Estate of Alfstad

27 Wash. 175 · Washington Supreme Court · Jan 6, 1902

No question is made as to the validity of the notice of appeal or the service thereof, and that notice clearly shows what parties are appealing, and also the adverse party. … Section 6200 of Ballinger’s Code (2 Hill’s Code, § 956), provides that: “Every executor or administrator shall, after having qualified, by giving bond as hereinbefore provided, have a right to the immediate possession of

Chang v. Vanderwielen

District Court, W.D. Washington · Dec 12, 2022

Co. of Am., 511 U.S. 375, 377 (1994)). 20 The party asserting jurisdiction bears the burden of establishing jurisdiction exists. … A municipality 22 6 Hunt alternatively asserts his entitlement to qualified immunity, but the Court declines to 23 conduct a qualified

CLARK COUNTY PUD NO. 1 v. Wilkinson

991 P.2d 1161 · Washington Supreme Court · Feb 3, 2000

On January 20, 1997, the PUD sought reconsideration of the arbitrator's decision with respect to one of the grievants on the ground she was not qualified for the nonunit position she had been awarded at arbitration; the PUD … Washington law clearly indicates a distinction between statutory and constitutional writs of certiorari.

Evergreen School District No. 114 v. Human Rights Commission

39 Wash. App. 763 · Court of Appeals of Washington · Mar 11, 1985

Rather, the tribunal determined that his remark qualified as such a practice only because Evergreen failed to prevent the incident by implementing a more effective teacher sensitization program after the Luke incident. … Had Evergreen kept alive its efforts to dismiss these proceedings for failure to conciliate in good faith, we would be hard put not to find "clearly erroneous" the tribunal's finding to the contrary.

Pacific Commercial Co. v. Northwestern Fisheries Co.

115 Wash. 608 · Washington Supreme Court · May 16, 1921

“A waiver must be clearly proved, but this may be effected by various species of evidence. … That instrument provided that “the exact loss” should be “established by independent survey.”

Jones v. Department of Corrections

District Court, W.D. Washington · Aug 11, 2023

Michigan Dep’t of State Police, 491 U.S. 58, 64 (1989). 21 In addition, it is well established that, under the Eleventh Amendment, a nonconsenting state is 22 immune from suits brought in federal courts by its own citizens … Thus, any amended complaint must clearly identify the Defendant(s), the 14 constitutional claim(s) asserted, the specific facts which Plaintiff believes support each claim, 15 and the specific relief requested.

McClarty v. Totem Elec.

137 P.3d 844 · Washington Supreme Court · Jul 6, 2006

I say that because the record establishes that McClarty fails to establish a prima facie case of disparate treatment and/or to show evidence of Totem Electric's discriminatory motive. … The legislature has clearly acquiesced in the Commission's definition. See, e.g., Wash. Indep. Tel. Ass'n v. Wash. Utils. & Transp.

Protect The Peninsula's Future v. Haaland

District Court, W.D. Washington · May 15, 2025

Jamestown filed 16 a motion to intervene for the limited purpose of moving to dismiss plaintiffs’ claims 17 without waiving its sovereign immunity. Dkt. 29. … To qualify, the litigation must “transcend the private 6 interests” of the litigants and seek to vindicate a public right. Kescoli v. Babbitt, 101 F.3d 7 1304, 1311 (9th Cir. 1996).

In re the Disciplinary Proceeding Against Dynan

152 Wash. 2d 601 · Washington Supreme Court · Sep 30, 2004

In my view, the principle underlying Anschell is that perfunctory or disin *629 genuous “admissions” of wrongdoing are insufficient to qualify as acknowledgments of wrongdoing, especially when coupled with a blatant refusal … This court further noted, however, that there are exceptions to this general rule, allowing a “minimal suspension” “where the mitigating factors clearly outweigh any aggravating factors.”

North Central Washington Respiratory Care Services, Inc. v. Department of Revenue

165 Wash. App. 616 · Court of Appeals of Washington · Dec 20, 2011

Dep’t of Revenue, 105 Wn.2d 912, 917-18 , 719 P.2d 541 (1986) (rejecting taxpayer’s argument that the Department could use a regulation “to expand the tax immunity of exporters beyond the exemptions provided by statute or … Sys., 94 Wn.2d 701, 711 , 620 P.2d 88 (1980)). 14 Excise Tax Bulletin 498.08.151, which the Department promulgated almost 28 years before the legislature adopted its own statutory definition of “prosthetic devices,” 15 clearly

Vrinceanu v. King County

District Court, W.D. Washington · Jul 24, 2023

Seq” are 22 clearly duplicative of the claims in Case No. 2:23-cv-00539-RAJ. … Dismissal of Individual Defendants based on Qualified Immunity The Court declines to address this issue at this time given that the case is being 4

Empire Health Found. v. Price

334 F. Supp. 3d 1134 · District Court, E.D. Washington · Aug 13, 2018

Two scenarios exist in which a person may qualify for Medicare Part A and yet not receive or be "covered" by his or her Medicare Part A benefits. … "A court lacks authority to undermine the regime established by the Secretary unless her regulation is 'arbitrary, capricious, or manifestly contrary to the statute.' " Sebelius v. Auburn Reg'l Med.

In Re Disciplinary Proceeding Against Day

173 P.3d 915 · Washington Supreme Court · Dec 20, 2007

s mother knew he was an attorney. ¶ 34 This court has clearly established that an attorney may be sanctioned for misconduct that occurs outside the practice of law. … Even under Justice Williams' analysis, a lawyer molesting a former client who is a minor qualifies as an act of moral turpitude warranting disbarment.

State v. Garza

112 Wash. App. 312 · Court of Appeals of Washington · Jun 24, 2002

Rather, the State argues that such a “vague and cryptic” request to the arresting officer was insufficient to qualify as a reasonable effort to notify the court of Garza’s impending incarceration, particularly where there … Garza also argues that the State has the burden of proving that his efforts to contact the court were not *321 reasonable, pointing to the well-established principle that courts indulge every reasonable presumption against