Case law

Peck v. Peck

76 Wash. 548 · Washington Supreme Court · Dec 5, 1913

Peck, the plaintiff, qualified as executrix, filed an inventory, caused an appraisement of the estate to be made, and procured an order of the superior court in probate, declaring the estate solvent, and authorizing her to … Giving to this evidence all the probative force of *561 which it is capable, it seems to us to fall far short of establishing an estoppel in pais against the respondent in favor of appellants Peck.

Alexandria Real Equities Inc. John J. Cox, Dean A. Takko, V. University Of Wa

Court of Appeals of Washington · Dec 5, 2023

The superior court’s findings of fact clearly found no relevance to the differences in the corporate forms of Wexford and LS W27. … The court held the disappointed bidder was too late to qualify for disappointed bidder standing. Id. at 572.

Miller v. Badgley

51 Wash. App. 285 · Court of Appeals of Washington · May 4, 1988

In addition, paragraph 3 of the sales agreement does not set forth clearly or with particularity the qualities and characteristics being disclaimed. … Clearly, Badgley was the "prevailing party." See RCW 4.84.330; cf. Burton v. Ascol, 105 Wn.2d 344 , 715 P.2d 110 (1986) (neither side clearly prevailed where both sides recovered similar amounts).

Donovan Allen, V State Of Washington

498 P.3d 552 · Court of Appeals of Washington · Nov 9, 2021

At trial, the claimant must then establish all of the legal elements of RCW 4.100.060(1)(a) to (e) by clear and convincing evidence. … The Washington State Legislature clearly expressed its intent that the WCPA be the exclusive remedy for wrongfully convicted persons seeking redress against the State.

State Ex Rel. Becker v. Wiley

16 Wash. 2d 340 · Washington Supreme Court · Jan 26, 1943

On the other hand, we find no express grant of authority to the commissioners to establish an additional office. … arbitrarily, and that the establishment of the office was a convenience to the majority of the people of the county.

McCauley v. METRO. PROPERTY AND CAS. INS.

36 P.3d 1110 · Court of Appeals of Washington · Dec 24, 2001

This is sufficient to establish a causal connection between use of the vehicle and the resulting injury. … 784 , 770 P.2d 679 (applying Transamerica and concluding that the claimant's injuries "arose from" the unloading of the vehicle despite the lack of physical contact between the truck and the claimant because the unloading clearly

Born v. Thompson

117 P.3d 1098 · Washington Supreme Court · Aug 4, 2005

These facts do not clearly and convincingly lead to the inference that Mr. Born intended to strike the bus driver. And the stated subjective belief of the driver that he feared Born might hit him does not establish Mr. … That finding, however, was the finding establishing a violent act.

Chandler v. State, Office of Ins. Com'r

173 P.3d 275 · Court of Appeals of Washington · Nov 15, 2007

This clearly requires an applicant to disclose reported consumer unhappiness with his behavior no matter what name other states use to designate it. … In addition, Chandler's conduct clearly falls within the range of conduct proscribed by RCW 48.17.530(h).

In re Fraser's Boiler Serv., Inc.

593 B.R. 636 · United States Bankruptcy Court, W.D. Washington · Nov 20, 2018

The decision of the Bankruptcy Court for the District of Montana in Yellowstone Mountain Club, LLC is instructive on this issue: This court is bound by, and does not dispute the legal precedent established in Lowenschuss … "[T]he lines separating actions protected by immunity from actionable conduct are neither clearly nor easily drawn." Id. "[D]ecisions in this area have arrived at varied and often inconsistent results." Id. at 479 .

Brogdon v. State of Washington

District Court, W.D. Washington · Apr 3, 2024

It argues that DCYF is a state agency and that it has not 16 waived its Eleventh Amendment sovereign immunity. Id. at 6. … tribe” are not enough to establish standing 5 to assert an ICWA claim.

State v. Spencer

111 Wash. App. 401 · Court of Appeals of Washington · Apr 26, 2002

The basis of his motion was that he had newly discovered evidence in the form of an affidavit from Leanne McMullen in which she qualified some of her trial testimony. … In a criminal case, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.”

Jones v. City of Seattle

District Court, W.D. Washington · Jun 28, 2024

Therefore, the matters admitted 10 are conclusively established. … Further, Plaintiff explained that her 2 religious beliefs “include the knowledge of natural immunity.” Dkt. # 50 at 6.

Oceanographic Commission v. O'Brien

74 Wash. 2d 904 · Washington Supreme Court · Nov 21, 1968

Neither does the absence of pecuniary attraction immunize the office from the constitutional limitation of article 2, section 13. … Yelle, 29 Wn.2d 68 , 185 P.2d 723 (1947), this court established the validity of appointments of legislators during their term of office to the Legislative Council.

State v. Talley

134 Wash. 2d 176 · Washington Supreme Court · Jan 8, 1998

[D.T.] clearly expressed her lack of consent to the defendant, including telling him that she was a virgin. 7. … In response to the judge’s inquiry, the deputy prosecutor stated, “Number one, your honor, it was not decided that an exceptional sentence could be qualified.

Michael Konicke, Et Ano. v. Evergreen Emergency Services, Et Ano.

Court of Appeals of Washington · Feb 8, 2021

Had the legislature intended that the protection of public safety be accomplished by the creation of civil liability for detention decisions, it likely would not have immunized such decisions in the absence of bad faith … But the provision clearly does not create a criminal offense. No degree of crime—class A felony, class B felony, class C felony, gross misdemeanor, misdemeanor—is set forth. No elements of a crime are set forth.

Silvain v. Pemberton

179 Wash. 287 · Washington Supreme Court · Nov 8, 1934

Silvain was appointed, and on May 10, 1932, qualified, as administrator of the estate. … When the state has shown these things, it has established prima fade the escheat of the property.” (Italics ours.)

Group Health Cooperative v. King County Medical Society

39 Wash. 2d 586 · Washington Supreme Court · Nov 15, 1951

The importance of access to Renton Hospital, on the part of appellants and others under contract with the Cooperative, is clearly established in the record. … In our opinion, the Society may not, through the mere use of the term “unethical,” clothe with immunity acts which would otherwise fall under the ban of the antimonopoly provision of our constitution.

State v. Larson

249 P.3d 669 · Court of Appeals of Washington · Mar 15, 2011

The court in Kelley concluded cumulative punishment is clearly intended. Id. at 80, 226 P.3d 773 . … Significantly, Grier also recognizes that "[n]ot all strategies or tactics on the part of defense counsel are immune from attack." Id.

Ellingsen v. Franklin County

55 Wash. App. 532 · Court of Appeals of Washington · Sep 29, 1989

the original papers, documents, petitions, surveys, repairs and other papers, in order to have the complete history of any such road, highway, bridge, ditch or other survey: Provided, That in any county where there is no qualified … Thus, we can clearly see the contrast between the legislative purposes of the two statutes; the purpose of RCW 36.80.040 to require the maintenance of county road management and history records as opposed to the purpose of

Rabon v. City of Seattle

932 P.2d 646 · Court of Appeals of Washington · May 7, 1997

Rabon has failed to establish irreconcilable conflict. Rabon next contends that the trial court erred when it concluded that he would not prevail on his procedural due process argument. … The record clearly demonstrates that he failed to comply with the minimum requirements of maintaining a dangerous dog.