Case law

Myer v. LITTLE CHURCH ETC.

37 Wash. 2d 897 · Washington Supreme Court · Jan 27, 1951

As Labatt states: "It would clearly be inconsistent with the rationale of the defense of assumption of risks to regard it as being applicable *909 in cases where, through mere inadvertence at the time of the accident, the … No effort was made to qualify appellant as an expert in the interpretation of X rays.

State v. Paul

103 Wash. App. 487 · Court of Appeals of Washington · Nov 17, 2000

In calculating the burglary offender score, the court found that the prior California grand theft qualified as a felony in Washington, assessed the Cowlitz County unlawful possession of a firearm and possession of stolen … Moreover, the Plea Statement Paul signed clearly listed the prosecutor’s intention to recommend 75 months, and Paul told the trial judge during the plea hearing that he understood the State would be recommending 75 months

State v. McCormick

166 Wash. 2d 689 · Washington Supreme Court · Aug 6, 2009

The trial court determined McCormick would be sentenced to 123 months’ imprisonment but found McCormick qualified for a SSOSA sentence. … It’s in the back alley, but it is clearly on school property which he is not allowed to frequent. ....

Herrington v. Hawthorne

111 Wash. App. 824 · Court of Appeals of Washington · May 20, 2002

Duke argues that, to qualify as a control person, Duke would have to have had controlling authority in the companies that sold the securities. He is correct. … He argues that his showing that Duke “controlled” Harmon, a person who was clearly a seller, was sufficient.

Crockett v. Crockett

27 Wash. 2d 877 · Washington Supreme Court · May 22, 1947

determine the rights of the parties to such property, and undoubtedly such an action might be brought by the administrator or executor of a deceased party, for the benefit of heirs, to have their rights in such property established … Seattle-First National Bank, the duly appointed and qualified executor of the estate of Edith McPherson, appeared in the action and asked to be substituted for Edith McPherson, for the purpose of having this court review

State v. Paul

12 P.3d 1036 · Court of Appeals of Washington · Nov 17, 2000

In calculating the burglary offender score, the court found that the prior California grand theft qualified as a felony in Washington, assessed the Cowlitz County unlawful possession of a firearm and possession of stolen … Moreover, the Plea Statement Paul signed clearly listed the prosecutor's intention to recommend 75 months, and Paul told the trial judge during the plea hearing that he understood the State would be recommending 75 months

Collin Williams v. Seattle Public School District

Court of Appeals of Washington · Apr 27, 2015

Consistent with his testimony at the hearing, the document clearly demonstrates Williams's intent to participate in the new evaluation system. … Individual staff members could also voluntarily opt into the new system, and those who did so qualified for certain District positions.

State v. Kintz

169 Wash. 2d 537 · Washington Supreme Court · Aug 26, 2010

It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. RCW 9A.46.110(6)(b). … It alleges, "Clearly, the `rudder' the dissent has in mind is some measurement of time that must transpire between the first and second occasions of following or harassment." Id.

Heitfeld v. Benevolent & Protective Order of Keglers

36 Wash. 2d 685 · Washington Supreme Court · Jun 29, 1950

It was further alleged that plaintiff was elected and qualified as trustee of the bankrupt’s estate, and as such had succeeded to the causes of action alleged; that the action was brought pursuant to the authority of the … On the contrary, *695 the statute and other enactments in pari materia clearly show that it was intended to be compensatory and not penal.”

Bowers v. Pollution Control Hearings Board

103 Wash. App. 587 · Court of Appeals of Washington · Dec 4, 2000

We thus confine our analysis to the issues that are clearly set forth and argued in his brief. … Bowers’ expert later added: “Clearly the fact that something hasn’t been done is not an excuse for never having to do it.”

Rizzuti v. Basin Travel Service of Othello, Inc.

105 P.3d 1012 · Court of Appeals of Washington · Feb 3, 2005

The memorandum of insurance and the blanket policy clearly state that the automatic transportation policy covered only tickets issued and reported to the ARC by Basin. … Any act that qualifies as an unfair claims settlement practice in WAC 284-30-330 constitutes a per se unfair trade practice impacting public interest.

Fast v. Kennewick Pub. Hosp. Dist.

Washington Supreme Court · Nov 17, 2016

Schroff scheduled a glucose challenge test four days later, on August 29, 2008, Jamie's first blood sugar test since establishing care with Dr. Smith. … Accordingly, we 11"'A grant of immunity from liability clearly implies that civil liability can exist in the first place."' Beggs v.

Olympic Stewardship Foundation v. Environmental & Land Use Hearings Office Ex Rel. Western Washington Growth Management Hearings Board

199 Wash. App. 668 · Court of Appeals of Washington · Jun 20, 2017

With respect to provisions affecting only shorelines, a petitioner must establish that the provisions at issue are “clearly erroneous” in view of the entire record before the Board. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.

Tanessa Desranleau, V. Hylands, Inc.

Court of Appeals of Washington · Apr 17, 2023

The—the evidence clearly established—and I don’t think there’s any dispute— 6 Defense expert Dr. … The court did not explain why the RPC violation qualified as a violation of a court rule under RAP 18.9(a).

In Re Disciplinary Proceeding Against Dynan

98 P.3d 444 · Washington Supreme Court · Nov 30, 2004

See In re Disciplinary Proceeding Against Anschell, 141 Wash.2d 593, 615 , 9 P.3d 193 (2000) (explaining how a pattern of misconduct may be established). … Further, as discussed above, Dynan's actions in Hedberg, Han, and Walls clearly establish a pattern of misconduct: Dynan committed RPC violations against the Pierce County Superior Court in at least three cases over an extended

McKoby

District Court, W.D. Washington · Oct 28, 2025

extent it is frivolous, 24 1 malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a 2 defendant immune … Although not clearly identified in the complaint, 3 his claim most closely resembles a claim for disability discrimination in a place of public 4

IUI v. St. Paul Fire & Marine Ins. Co.

87 P.3d 774 · Court of Appeals of Washington · Apr 5, 2004

Although he explains that he reviewed the documents, and made copies from the originals, he does not establish personal knowledge. … Without the arbitration award and subsequent transfer to Moskam, the barratry would clearly have been the loss.

Residents Opposed Turbines v. State Efsec

197 P.3d 1153 · Washington Supreme Court · Nov 20, 2008

That section clearly indicates that locating turbines at greater distances from viewers reduces visual impact of those turbines. … However, this provision relates to state immunity and does not directly address appellate and original jurisdiction.

Cutting v. Yoke Industrial Corp

District Court, W.D. Washington · Nov 4, 2022

Dkt. 71 at 7. 11 The R&R further concluded that Bauer is not qualified to render an opinion on any 12 ultimate issue of law. Id. … If the 7 nonmoving party fails to establish the existence of a genuine issue of material fact, “the 8 moving party is entitled to judgment as a matter of law.”

Jane Koler/land Use & Property Law, Pllc, Apps V. City Of Black Diamond, Et Ano., Resps

Court of Appeals of Washington · Dec 27, 2021

An appointive officer receiving such a salary “shall hold office for a term of one year or until his successor is appointed and qualified.” BDMC § 2.08.030. … When the city attorney refused to defend the mayor in the mandamus action, the mayor hired outside counsel and successfully established the illegality of the bonds. Id.