Case law

State v. Colquitt

137 P.3d 892 · Court of Appeals of Washington · Jun 29, 2006

By contrast, for a defendant to qualify for a deferred conviction in district court, he is required by statute not only to stipulate to the admissibility of police reports, but also to the sufficiency of the facts contained … It was for the trial court, not us, to weigh the sufficiency of the uncontroverted evidence. [12] Here, the trial court performed its job—it clearly weighed the uncontroverted evidence and found it sufficient proof beyond

State Of Washington, Resp. v. Daniel J. Perez, App.

Court of Appeals of Washington · Nov 3, 2014

This does qualify as a startling event and that the injuries are a startling condition. … The record establishes not only a medical emergency but also concerns for the safety of other inmates and corrections officers. See Bryant. 131 S.

Hexacta Inc v. Baran

District Court, W.D. Washington · Dec 20, 2019

There was clearly a material alteration in the legal relationship between the 13 parties. Before the action, Plaintiffs were unlawfully present, subject to deportation, and accruing 14 unlawful presence. … But, the result is certainly strong evidence that Defendants have not carried 6 their burden of establishing that the position was substantially justified here. 7 D.

Hansen v. Friend

59 Wash. App. 236 · Court of Appeals of Washington · Sep 17, 1990

In imposing that liability, the Callan court held that in enacting the state liquor act, RCW Title 66, the Legislature "established [minors] as a protected class". … The statute clearly prohibits giving or supplying liquor to minors.

Weyerhaeuser v. Pierce County

95 Wash. App. 883 · Court of Appeals of Washington · May 28, 1999

The issue in Beach was whether a verbatim record of proceedings was required to establish an adequate record for review. … The court, however, qualified its holding, noting that not all conceivable uses allowed by the laws in effect at the time of application vested, but only those “specific use[s]” disclosed in the application.

Arzola

District Court, W.D. Washington · Mar 4, 2026

The “burden is on the ‘next friend’ clearly to establish the 10 propriety of his status and thereby justify jurisdiction of the court.” … , 2018)). 23 24 1 Here, even assuming Gonzalez qualifies

Evergreen Moneysource Mortgage Co. v. Shannon

167 Wash. App. 242 · Court of Appeals of Washington · Feb 16, 2012

To establish a claim under the CPA, Evergreen must demonstrate that the alleged misconduct impacted public interest. ¶62 “The [first] two elements may be established by a showing that (1) an act or practice which has a capacity … The public interest element of the Hangman Ridge test may be established in one of two different ways. Id. at 789 .

Picciano v. Clark County

District Court, W.D. Washington · Aug 19, 2024

County of 3 Orange, 6 F.4th 961, 972 (9th Cir. 2021), which stated in the context of a qualified immunity 4 analysis that the court was “not aware of any precedent expressly recognizing” a particular 5 constitutional … The County fails to explain why an observation made 6 in the context of a qualified immunity analysis precludes Plaintiff’s Monell claim. 7 The only other remotely specific argument offered by the County is a conclusory

Richard Wilkinson v. Washington Medical Commission

Court of Appeals of Washington · Sep 16, 2025

The Respondent has clearly violated commonly accepted standards of honesty. … Wilkinson’s favor even if the blog qualifies as the practice of medicine.

In re the Disciplinary Proceeding Against Heard

136 Wash. 2d 405 · Washington Supreme Court · Sep 24, 1998

We cannot say, from the record, that the evidence clearly preponderates against the trial committee’s findings, and we will, therefore, accept them. … The cases relied upon by the majority simply do not support the broad assertion that the Board may simply disregard the hearing examiner’s factual findings that the testimony presented failed to establish the offense by a

United States v. Hegge

631 F. Supp. 512 · District Court, E.D. Washington · Apr 1, 1986

Hegge’s alleged and established criminal activity involving at least two murders. Evidence of those murders and the other criminal activity of Mr. … The reasons for this rule are clearly set forth in Gannett.

In Re Personal Restraint of Dalluge

177 P.3d 675 · Washington Supreme Court · Jan 17, 2008

We conclude that this case qualifies. E.g., Cashaw, 123 Wash.2d 138 , 866 P.2d 8 ; In re Pers. … Yet the majority looks past the statute's clear language and resorts to extrinsic evidence to fabricate an intent contrary to the one clearly expressed by the text. [7] "[W]here the meaning of the language used is plain,

Thomas v. Fischer

District Court, W.D. Washington · Aug 26, 2024

20 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 21 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 22 who is immune … Retaliation against prisoners for their exercise of this 21 right is itself a constitutional violation, and prohibited as a matter of clearly established law.” 22 Brodheim v.

Saldin Securities, Inc. v. Snohomish County

949 P.2d 370 · Washington Supreme Court · Jan 8, 1998

Thus, a court will accept review only if the appellant can allege facts that, if verified, would establish that the lower tribunal's decision was illegal or arbitrary and capricious. … Thus, before deciding whether to issue the constitutional writ of certiorari, our courts must determine if the decision to be reviewed qualifies as a judicial or quasi-judicial decision.

Kniffen v. East Wenatchee Water District

District Court, E.D. Washington · Jun 27, 2025

To establish a prima facie case 16 for a failure to accommodate claim, Plaintiff must show (1) he is a qualified 17 individual, (2) his employer received adequate notice of his need for an 18 accommodation, and (3 … Under the McDonnell 9 Douglas framework, a plaintiff must first establish a prima facie case by showing: 10 (1) he was a member of a protected class, (2) he was qualified for the position, (3) 11 he was subject to

In re the Estate of Wimberley

186 Wash. App. 475 · Court of Appeals of Washington · Jan 29, 2015

be created with such qualifying assets. … Wimberley’s intention clearly and inexplicably and it is those intentions which govern this proceeding.

Beal for Martinez v. City of Seattle

954 P.2d 237 · Washington Supreme Court · Apr 2, 1998

We should not establish grounds for ancillary litigation to circumvent statutes of limitation. Courts may, and often do, overlook violations of the Rules of Civil Procedure when no prejudice results from the violation. … L.REV. 505, 529 (1987) ("[T]he drastic social and economic changes that have taken place since the public duty doctrine's birth in the nineteenth century warrant that it follow the doctrine of sovereign immunity into the

In Re The Adoption Of T.a.w.

Court of Appeals of Washington · Nov 22, 2019

They also assert that they clearly showed that active efforts were made to facilitate visitation to the extent possible. … Both ICWA and WICWA require that before a court can involuntarily terminate the parental rights of a parent of an Indian child, the petitioning party must provide “testimony of a qualified expert witness” establishing beyond

State of Washington v. Jose G. Barboza-Cortes

425 P.3d 856 · Court of Appeals of Washington · Aug 30, 2018

Conclusory generalizations about criminal activity are inadequate to establish probable cause. Thein, 138 Wn.2d at 147-48. … He expressly eschewed reliance on the financial information prong of the statute because the information on the fraudulent check clearly was false.

Swanson Hay Company v. Employment Security Department

Court of Appeals of Washington · Oct 31, 2017

Dep 't not meet their burden of demonstrating that the owner-operators' services qualify for the narrow exemption from unemployment insurance tax liability for payments to sufficiently independent enterprises. … It rejected states~ arguments that their laws of general applicability were immune from preemption.