Case law

Tapper v. Employment Security Department

122 Wash. 2d 397 · Washington Supreme Court · Sep 16, 1993

This task is complicated by the absence of clearly defined findings of fact and conclusions of law within the Commissioner's decision. … Relying on its decision in Becker , the Court of Appeals concluded that Tapper's difficulties at work were the result of her inabilities and thus did not qualify as misconduct. See Tapper, 66 Wn. App. at 452-53 .

Knutson v. Department of Social & Health Services

160 Wash. App. 854 · Court of Appeals of Washington · Mar 28, 2011

The order is clearly directed only to the guardians to use the estate income for Janette’s care and maintenance at Fircrest. … The cost of care is computed by subtracting allowable deductions from an individual’s qualifying income. See RCW 43.20B.420 through .425; WAC 388-513-1380 (calculation of financial participation in cost of care).

Goldstine v. FedEx Freight, Inc.

District Court, W.D. Washington · Aug 17, 2020

.; “FMCSA”) which 8 govern the industry, drivers must be medically qualified to drive, which they establish by 9 periodic physical examination. 49 C.F.R. § 391.41, 391.43. … Plaintiff has not established to the Court’s satisfaction that these 18 witnesses are not qualified to offer the assessments to which he objects.

Dawson v. Daly

120 Wash. 2d 782 · Washington Supreme Court · Feb 18, 1993

Employee evaluations qualify as personal information that bears on the competence of the subject employees. … The presumption we establish satisfies only the offensiveness prong of RCW 42.17.255.

In Re Custody of AC

153 P.3d 203 · Court of Appeals of Washington · Feb 13, 2007

statement offered into evidence to prove the truth of the matter asserted, is not admissible at trial unless it qualifies as an exception. … Despite this language, which is apparently contained in the standard custody form used by the court to draft its findings and conclusions, the trial court's findings and its oral ruling clearly establish that it applied the

State Of Washington, V Naaman Jamal Washington

Court of Appeals of Washington · Aug 11, 2014

to only one qualifying patient at any one time. … Calvin, this court explained that "[w]e review the trial court's decision to impose discretionary financial obligations under the clearly erroneous standard."29 "'A finding of fact is clearly erroneous when, although there

McGugart v. Brumback

77 Wash. 2d 441 · Washington Supreme Court · Dec 31, 1969

, and then claim the benefit of the statute when the adverse party sought to qualify or explain his testimony. … The record discloses that defendant administratrix clearly and timely objected to the testimony of Mr. and Mrs.

Saucedo v. NW Management & Realty Services, Inc.

290 F.R.D. 671 · District Court, E.D. Washington · Feb 27, 2013

Thus, the only disputed issues for purposes of establishing liability are (1) whether NW Management qualifies as a “farm labor contractor” within the meaning of RCW 19.30.010(2) such that it was required to obtain a farm … Notably, it is not sufficient for Plaintiffs to establish that Mr. Morfin merely carried or fired a gun in the presence of putative class members. Rather, Plaintiffs must establish that Mr.

State of Washington v. Tishawn Marqueis Winborne

420 P.3d 707 · Court of Appeals of Washington · Jun 26, 2018

If confronted with a challenge for cause in which the facts do not clearly establish whether a prospective juror should be removed, the better practice will be to resolve doubt in favor of disqualification … However, this error is not so fundamental that it qualifies as structural.

State ex rel. Case v. Superior Court

81 Wash. 623 · Washington Supreme Court · Sep 21, 1914

Clearly the statute does not intend that the council shall submit the amendment until the fact exists that the necessary number of qualified voters have petitioned. … Clearly the legislature was not required to go further, and we think it has not done so.

State of Washington v. Jackie Lynn Dean

Court of Appeals of Washington · Mar 29, 2022

Dean As more fully detailed in Jodie Lee Dean, “Wentz established that the ordinary meaning of ‘fenced area’ clearly includes an area that is completely surrounded by a fence.” … not qualify the yard as curtilage under Engel.

Crystal Ridge Homeowners Ass'n v. City of Bothell

182 Wash. 2d 665 · Washington Supreme Court · Feb 12, 2015

Under the SCC, then, a pipe that controls excess water qualifies as a stormwater facility wherever that water is located, including underground. … The plat clearly shows a drainage easement within Tract 999, and the record contains no indication that Tract 999 contains any drainage facility of any type aside from the *678 interceptor pipe and the A.W.D. sanitary sewer

State v. Bao Dinh Dang

178 Wash. 2d 868 · Washington Supreme Court · Oct 31, 2013

He didn’t describe what that was, but he said very clearly he was going to *886 do something big. He said he needed to go back to Western State Hospital. … And at that point I felt clearly like I needed to take some action at this point.

Sign-O-Lite Signs, Inc. v. DeLaurenti Florists, Inc.

64 Wash. App. 553 · Court of Appeals of Washington · Jan 21, 1992

This is bolstered by the fact that the act allows for injunctive relief, clearly implying that injury without monetary damages will suffice. Nordstrom, at 740. … Attorney fees as awarded in the present context do not qualify as actual damages.

State v. Mayer

Washington Supreme Court · Oct 22, 2015

Consequently, the State has failed to establish that Mayer's waiver of his Miranda rights was knowing and intelligent. A. … The "at any time" statement thus did not immunize Dennison's warnings against the defects created by his later responses to Mayer's questions. C.

Riofta v. State

142 P.3d 193 · Court of Appeals of Washington · Aug 22, 2006

RCW 10.73.170(2)(a)(i), (ii), and the first half of (iii) clearly indicate that the information to allegedly be gathered through post-conviction DNA testing was unavailable at trial. … But during Riofta's trial in 2000, DNA testing was established and common. [14] Citing Herrera v.

David N. v. Holly Marie C.

137 Wash. App. 245 · Court of Appeals of Washington · Feb 13, 2007

statement offered into evidence to prove the truth of the matter asserted, is not admissible at trial unless it qualifies as an exception. … Despite this language, which is apparently contained in the standard custody form used by the court to draft its findings and conclusions, the trial court’s findings and its oral ruling clearly establish that it applied the

State Of Washington, V Gabriel Indelicio Nevarez

Court of Appeals of Washington · Oct 25, 2022

Houston-Sconiers established that a trial court must consider mitigating qualities of youth, even when imposing a standard range sentence. See In re Pers. … Thus, we hold that these 19- and 20-year-old petitioners must qualify for some of the same constitutional protections as well.” Id. at 313 (emphasis added).

Grove v. PeaceHealth St. Joseph Hospital

177 Wash. App. 370 · Court of Appeals of Washington · Oct 28, 2013

Ghidella testified that the damage sustained by Grove was “clearly” a result of the late diagnosis. ¶9 Dr. … Moreover, in a tortious interference case, no expert testimony is necessary to establish duty.

State v. Monson

113 Wash. 2d 833 · Washington Supreme Court · Dec 28, 1989

Even if it is, the court continued, the document at issue in the case would not qualify anyway. Dibley , at 828 n.4. … Further, the copy of the letter revoking his privilege to drive and the driving abstract together clearly establish that when he was cited his driving privilege was revoked.