Case law

Triangle Property Development, Res. v. Byron L. Barton And Jean Barton, Apps.

Court of Appeals of Washington · Sep 28, 2015

The Bartons do not establish that the defects they allege can be raised in an unlawful detainer action to set aside a foreclosure sale. … Although some nonjudicial foreclosure sale defects can be raised for the first time in a postsale unlawful detainer action, the Bartons provide no authority that their alleged defects qualify.4 First, the purchaser

Alexander v. Department of Employment Security

38 Wash. App. 609 · Court of Appeals of Washington · Sep 5, 1984

Furthermore, they argue the record clearly demonstrates that DSHS's notices were not intended to usurp the civil service act by granting claimants additional rights and were sent simply to comply with former RCW 50.44.050 … App. 1982), the court concluded that a preschool "Head Start" program qualified as an "educational institution" despite the fact that elements of the program could not be considered academic.

Sanders v. State

139 Wash. App. 200 · Court of Appeals of Washington · Jun 12, 2007

Thus, if the Act applies to Commission proceedings, clearly there are limits on the attorney general's duty to defend a judge charged with violating the judicial canons. ¶ 27 The Act's language encompasses Commission proceedings … Subsection 2 requires payment if the entity finds that the officer's actions qualify.

In re the Termination of: J.E.L.D.

Court of Appeals of Washington · Feb 9, 2016

(d) Remain qualified for the registry. … The Washington Legislature, by RCW 13.34.105(2), deems a guardian ad litem an officer ofthe court entitled to immunity from civil liability . Kelleyv. Pierce County, 179 Wn.

Seagraves v. Department of Children Youth and Families

District Court, W.D. Washington · Apr 7, 2025

immunity. … The Court does not reach the qualified immunity defense. 10 The Court does not reach the question of qualified immunity because it has dismissed the 11 federal claims against Hunter, Rodriguez, and Ybarra

SkyCorp Ltd v. King County

District Court, W.D. Washington · Jan 14, 2021

dormant 15 Commerce Clause of the United States Constitution, violates the Due Process Clause of the 16 Fourteenth Amendment, is not authorized under King County’s police power, and violates the 17 Privileges and Immunities … Nor does the Court expect that Plaintiff could 11 establish such facts through amendment.

Mastaba, Inc. v. Lamb Weston Sales, Inc.

23 F. Supp. 3d 1283 · District Court, E.D. Washington · May 27, 2014

While Mastaba clearly outlines why it needs the information, ECF No. 37 at 4, Lamb Weston did not explain why the information sought is burdensome. ECF No. 44. … However, this statement qualifies as a statement of party admission. Fed.R.Evid. 801(d)(2). .

Petters v. Williamson & Associates, Inc.

210 P.3d 1048 · Court of Appeals of Washington · Jul 6, 2009

It is well established, however, that "[a] plaintiff seeking to establish a trade secrets claim under the uniform act[ [5] ] has the burden of proving that legally protectable secrets exist." Boeing Co. v. … Rather, Williamson met its "burden of establishing ...

P Poe 5 v. University of Washington

District Court, W.D. Washington · Apr 10, 2025

Said 12 differently, “An injunction will not issue unless the proponent establishes both that an exemption 13 applies and release would clearly not be in the public interest and would cause substantial and 14 irreparable … Those 14 cases deal with uniquely federal concerns, or involve purposes and objectives of Congress that 15 were clearly established by federal regulations. See Dkt. # 83 at 23–24; United States v.

Washington Water Jet Workers Ass'n v. Yarbrough

148 Wash. 2d 403 · Washington Supreme Court · Jan 16, 2003

Demands were made to appoint a qualified warden in place of Billings’ hired superintendent. They appropriated $600 per year for such an official. … The Utah Supreme Court clearly understood “contracting” to mean the contract system of convict labor.

Bakay v. Yarnes

431 F. Supp. 2d 1103 · District Court, W.D. Washington · Jan 3, 2006

Defendants point out that the record clearly shows a history of disease at Plaintiffs’ cattery, including instances of feline distemper (panleukopenia), which is highly contagious and devastating to cats. … Generally, “[ujnless an equitable base is established by evidence of intent, there must be some element of wrongdoing in order to impose a constructive trust.” Baker v.

Pakootas v. Teck Cominco Metals, Ltd.

832 F. Supp. 2d 1268 · District Court, E.D. Washington · Nov 29, 2011

Slag clearly is a “waste product.” Louisiana-Pacific v. ASARCO, Inc., 24 F.3d 1565 (9th Cir.1994). Unlike ore, it does not “consist[ ] of economically worthwhile concentrations of metals.” … In order to establish liability for response costs under 42 U.S.C.

In Re the Marriage of Boisen

87 Wash. App. 912 · Court of Appeals of Washington · Sep 12, 1997

Burgess' obligation to pay college expenses was established and defined when he and Ms. Boisen executed the 1974 separation agreement. … His obligation was not qualified in any way.

Perrigoue

District Court, W.D. Washington · Oct 16, 2025

issue an ex parte TRO—meaning a TRO without notice to the adverse party—only if 16 “specific facts in an affidavit or a verified complaint clearly … Amnesty Int’l USA, 568 U.S. 398, 409 (2013). 16 Perrigoue fails to establish an injury in fact.

Haney v. Employment Security Department

96 Wash. App. 129 · Court of Appeals of Washington · Jun 14, 1999

The unusual nature of the grievance clearly identified that you posed a serious threat to the safety or health of other employees, and accordingly you were issued a final warning with emphasis on termination should any further … Ed. 2d 553 (1979) (plurality opinion) (suggesting that if a state employment agency applied NLRA principles to decide if a claimant qualifies for state unemployment benefits, the agency would be impermissibly infringing on

Johnson v. Recreational Equipment, Inc.

247 P.3d 18 · Court of Appeals of Washington · Feb 7, 2011

He also noted that the bicycle itself was "clearly a high mileage vehicle" that displayed "substantial wear and tear." CP at 176. … REI asserts that "there is no evidence in the record to establish that the fork at issue deviated from Aprebic's design standards." Br. of Pet'r at 34.

Residents Opposed to Kittitas Turbines v. State Energy Facility Site Evaluation Council

165 Wash. 2d 275 · Washington Supreme Court · Nov 20, 2008

EFSLA instructs that the definitions section applies throughout the statute “unless the context clearly requires otherwise.” RCW 80.50.020. … That section clearly indicates that locating turbines at greater distances from viewers reduces visual impact of those turbines.

State Of Washington v. Clifford Paul Lapointe, Jr.

Court of Appeals of Washington · Nov 6, 2017

RCW 9.94A.030 states prior qualifying convictions must "occur 'on at least two separate occasions.'" Bluford, 195 Wn. App. at 591 (quoting RCW 9.94A.030(38)(a)(ii)). … We "interpret an ambiguous penal statute adversely to the defendant only if statutory construction 'clearly establishes' that the legislature intended such an interpretation."

Pasco Police Officers' Ass'n v. City of Pasco

132 Wash. 2d 450 · Washington Supreme Court · Jun 26, 1997

established by the city; 3. … PERC was clearly correct in its analysis.

Haley v. Highland

142 Wash. 2d 135 · Washington Supreme Court · Nov 2, 2000

Keene, 131 Wash.2d at 834-35 , 935 P.2d 588 . deElche and Keene firmly ensconced in this area of law the principle that "`absent express statutory provision, or compelling public policy, the law should not immunize tortfeasors … A slightly different regime is established for tort obligations.