findings hearing (California) · Go Syfert
← California issues

findings hearing in California

89 California opinions name it 3 courts 1896–2026 11 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (46)

CaseFollowedCited
Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESgreen
cal · 1974 · cited in 13 California opinions naming this issue, 1974–2024
2 sentences

2024(Topanga Ass’n for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506 , 514–515 (Topanga).) This findings requirement “serves to conduce the administrative body to draw legally relevant sub-conclusions supportive of its ultimate decision; the intended effect is to facilitate orderly analysis and minimize the likelihood that the agency will randomly leap from evidence to conclusions.” (Id. at p. 516.) Further, the “findings enable the reviewing court to trace and examine the agency’s mode of analysis.” (Ibid.; see also Oduyale v. California State Bd. of Pharmacy (2019) 41 Cal.App.

2014In so doing, we believe that the Legislature must have contemplated that the agency would reveal this route.” (Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 515 .) “Among other functions, a findings requirement serves to conduce the administrative body to draw legally relevant sub-conclusions supportive of its ultimate decision; the intended effect is to facilitate orderly analysis and minimize the likelihood that the agency will randomly leap from evidence to conclusions. [Citations.] In addition, findings enable the reviewing court to trace and examine t

313
Saad v. City of Berkeleygreen
calctapp · 1994 · cited in 3 California opinions naming this issue, 2022–2022
2 sentences

2022An advertisement on a display could be significant to a local business regardless of whether payment for the advertisement is made by, for example, a movie studio or automaker, instead of the local business. 34 findings’ . . . leaves no room for the conclusion that the Legislature would have been content to have a reviewing court speculate as to the administrative agency’s basis for decision.” (Accord, Saad v. City of Berkeley (1994) 24 Cal.App.4th 1206, 1214 [“In Topanga . . . , the California Supreme Court announced that the findings requirement of Code of Civil Procedure section 1094.5 was

2022An advertisement on a display could be significant to a local business regardless of whether payment for the advertisement is made by, for example, a movie studio or automaker, instead of the local business. 34 findings’ . . . leaves no room for the conclusion that the Legislature would have been content to have a reviewing court speculate as to the administrative agency’s basis for decision.” (Accord, Saad v. City of Berkeley (1994) 24 Cal.App.4th 1206, 1214 [“In Topanga . . . , the California Supreme Court announced that the findings requirement of Code of Civil Procedure section 1094.5 was

33
Wells v. State Bargreen
cal · 1978 · cited in 3 California opinions naming this issue, 1979–1986
2 sentences

1986Petitioner testified that he had not understood at the first hearing that he was being asked "the current status" of the Edmonson case. (1) This court is not, of course, bound by the findings of facts of the hearing panel or the review department. (1 Witkin, Cal. Procedure (3d ed. 1985) Attorneys, § 511, p. 553.) "This court must independently examine the record, reweigh the evidence, and pass on its sufficiency in State Bar disciplinary matters." ( Prantil v. State Bar (1979) 23 Cal.3d 243, 246 [ 152 Cal. Rptr. 351 , 589 P.2d 859 ]; Wells v. State Bar (1978) 20 Cal.3d 708, 713 [ 144 Cal. Rptr

1986Petitioner testified that he had not understood at the first hearing that he was being asked "the current status" of the Edmonson case. (1) This court is not, of course, bound by the findings of facts of the hearing panel or the review department. (1 Witkin, Cal. Procedure (3d ed. 1985) Attorneys, § 511, p. 553.) "This court must independently examine the record, reweigh the evidence, and pass on its sufficiency in State Bar disciplinary matters." ( Prantil v. State Bar (1979) 23 Cal.3d 243, 246 [ 152 Cal. Rptr. 351 , 589 P.2d 859 ]; Wells v. State Bar (1978) 20 Cal.3d 708, 713 [ 144 Cal. Rptr

33
Magee v. State Bargreen
cal · 1975 · cited in 3 California opinions naming this issue, 1978–1981
2 sentences

1981(In re Arnoff (1978) 22 Cal.3d 740, 747 [ 150 Cal.Rptr. 479 , 586 P.2d 960 ]; Magee v. State Bar (1975) 13 Cal.3d 700, 708 [ 119 Cal.Rptr. 485 , 532 P.2d 133 ].) In that regard, we afford great weight to the findings of the hearing panel which saw and heard the witnesses.

1981(In re Arnoff (1978) 22 Cal.3d 740, 747 [ 150 Cal.Rptr. 479 , 586 P.2d 960 ]; Magee v. State Bar (1975) 13 Cal.3d 700, 708 [ 119 Cal.Rptr. 485 , 532 P.2d 133 ].) In that regard, we afford great weight to the findings of the hearing panel which saw and heard the witnesses.

33
Franklin v. State Bargreen
cal · 1986 · cited in 3 California opinions naming this issue, 1987–1990
2 sentences

1990Although the review department accepted the hearing panel's findings, it recommended disbarment and suggested that petitioner prove rehabilitation in a proceeding for reinstatement. *549 DISCUSSION (1) In reviewing matters of attorney discipline, we undertake an independent examination of the record. ( Hitchcock v. State Bar (1989) 48 Cal.3d 690, 695 [ 257 Cal. Rptr. 696 , 771 P.2d 394 ]; Franklin v. State Bar (1986) 41 Cal.3d 700, 708 [ 224 Cal. Rptr. 738 , 715 P.2d 699 ].) Although we accord substantial weight both to the review department's recommendation as to discipline and to the finding

1990Although the review department accepted the hearing panel's findings, it recommended disbarment and suggested that petitioner prove rehabilitation in a proceeding for reinstatement. *549 DISCUSSION (1) In reviewing matters of attorney discipline, we undertake an independent examination of the record. ( Hitchcock v. State Bar (1989) 48 Cal.3d 690, 695 [ 257 Cal. Rptr. 696 , 771 P.2d 394 ]; Franklin v. State Bar (1986) 41 Cal.3d 700, 708 [ 224 Cal. Rptr. 738 , 715 P.2d 699 ].) Although we accord substantial weight both to the review department's recommendation as to discipline and to the finding

23
Himmel v. State Bargreen
cal · 1971 · cited in 3 California opinions naming this issue, 1985–1988
2 sentences

1988(Greenbaum v. State Bar (1987) 43 Cal.3d 543, 549 [237 Cal.Rptr. *261 168, 736 P.2d 754 ].) When the findings rest primarily on testimonial evidence, “ ‘we are reluctant to reverse the decision of the [hearing panel], which was in a better position to evaluate conflicting statements after observing the demeanor of the witnesses and the character of their testimony.’ ” (Himmel v. State Bar (1971) 4 Cal.3d 786, 794 [ 94 Cal.Rptr. 825 , 484 P.2d 993 ].) It is also settled that petitioner bears the burden of demonstrating that the findings are not supported by the evidence.

1988(Greenbaum v. State Bar (1987) 43 Cal.3d 543, 549 [237 Cal.Rptr. *261 168, 736 P.2d 754 ].) When the findings rest primarily on testimonial evidence, “ ‘we are reluctant to reverse the decision of the [hearing panel], which was in a better position to evaluate conflicting statements after observing the demeanor of the witnesses and the character of their testimony.’ ” (Himmel v. State Bar (1971) 4 Cal.3d 786, 794 [ 94 Cal.Rptr. 825 , 484 P.2d 993 ].) It is also settled that petitioner bears the burden of demonstrating that the findings are not supported by the evidence.

23
Skelly v. State Bargreen
cal · 1973 · cited in 2 California opinions naming this issue, 1986–1986
2 sentences

1986Petitioner testified that he had not understood at the first hearing that he was being asked "the current status" of the Edmonson case. (1) This court is not, of course, bound by the findings of facts of the hearing panel or the review department. (1 Witkin, Cal. Procedure (3d ed. 1985) Attorneys, § 511, p. 553.) "This court must independently examine the record, reweigh the evidence, and pass on its sufficiency in State Bar disciplinary matters." ( Prantil v. State Bar (1979) 23 Cal.3d 243, 246 [ 152 Cal. Rptr. 351 , 589 P.2d 859 ]; Wells v. State Bar (1978) 20 Cal.3d 708, 713 [ 144 Cal. Rptr

1986Petitioner testified that he had not understood at the first hearing that he was being asked "the current status" of the Edmonson case. (1) This court is not, of course, bound by the findings of facts of the hearing panel or the review department. (1 Witkin, Cal. Procedure (3d ed. 1985) Attorneys, § 511, p. 553.) "This court must independently examine the record, reweigh the evidence, and pass on its sufficiency in State Bar disciplinary matters." ( Prantil v. State Bar (1979) 23 Cal.3d 243, 246 [ 152 Cal. Rptr. 351 , 589 P.2d 859 ]; Wells v. State Bar (1978) 20 Cal.3d 708, 713 [ 144 Cal. Rptr

22
Prantil v. State Bargreen
cal · 1979 · cited in 2 California opinions naming this issue, 1986–1986
2 sentences

1986Petitioner testified that he had not understood at the first hearing that he was being asked "the current status" of the Edmonson case. (1) This court is not, of course, bound by the findings of facts of the hearing panel or the review department. (1 Witkin, Cal. Procedure (3d ed. 1985) Attorneys, § 511, p. 553.) "This court must independently examine the record, reweigh the evidence, and pass on its sufficiency in State Bar disciplinary matters." ( Prantil v. State Bar (1979) 23 Cal.3d 243, 246 [ 152 Cal. Rptr. 351 , 589 P.2d 859 ]; Wells v. State Bar (1978) 20 Cal.3d 708, 713 [ 144 Cal. Rptr

1986Petitioner testified that he had not understood at the first hearing that he was being asked "the current status" of the Edmonson case. (1) This court is not, of course, bound by the findings of facts of the hearing panel or the review department. (1 Witkin, Cal. Procedure (3d ed. 1985) Attorneys, § 511, p. 553.) "This court must independently examine the record, reweigh the evidence, and pass on its sufficiency in State Bar disciplinary matters." ( Prantil v. State Bar (1979) 23 Cal.3d 243, 246 [ 152 Cal. Rptr. 351 , 589 P.2d 859 ]; Wells v. State Bar (1978) 20 Cal.3d 708, 713 [ 144 Cal. Rptr

22
Lewis v. State Bargreen
cal · 1973 · cited in 2 California opinions naming this issue, 1978–1981
2 sentences

1978We accord great weight to the findings of a hearing panel (see Magee v. State Bar (1975) 13 Cal.3d 700, 708 [ 119 Cal.Rptr. 485 , 532 P.2d 133 ]; Lewis v. State Bar (1973) 9 Cal.3d 704, 712-713 [ 108 Cal.Rptr. 821 , 511 P.2d 1173 ]).

1978We accord great weight to the findings of a hearing panel (see Magee v. State Bar (1975) 13 Cal.3d 700, 708 [ 119 Cal.Rptr. 485 , 532 P.2d 133 ]; Lewis v. State Bar (1973) 9 Cal.3d 704, 712-713 [ 108 Cal.Rptr. 821 , 511 P.2d 1173 ]).

22
Sharove v. Middlemangreen
calctapp · 1956 · cited in 2 California opinions naming this issue, 1968–1980
2 sentences

1980(Sharove v. Middleman (1956) 146 Cal.App.2d 199, 202 [ 303 P.2d 900 ].) The frustration of losing litigants and their attorneys who are frequently faced with findings of fact prepared by successful counsel in terms so “ultimate” that it is extremely difficult, if not impossible, to determine either the factual basis or legal theory of the decision is a frustration which is frequently shared by reviewing courts.

1980(Sharove v. Middleman (1956) 146 Cal.App.2d 199, 202 [ 303 P.2d 900 ].) The frustration of losing litigants and their attorneys who are frequently faced with findings of fact prepared by successful counsel in terms so “ultimate” that it is extremely difficult, if not impossible, to determine either the factual basis or legal theory of the decision is a frustration which is frequently shared by reviewing courts.

22
Saginaw Broadcasting Co. v. Federal Communications Commissiongreen
cadc · 1938 · cited in 2 California opinions naming this issue, 1974–1974
2 sentences

1974Com'n (1938) 96 F.2d 554, 559 [ 68 App.D.C. 282 ].) Among other functions, a findings requirement serves to conduce the administrative body to draw legally relevant sub-conclusions supportive of its ultimate decision; the intended effect is to facilitate orderly analysis and minimize the likelihood that the agency will randomly leap from evidence to conclusions.

1974Com'n (1938) 96 F.2d 554, 559 [ 68 App.D.C. 282 ].) Among other functions, a findings requirement serves to conduce the administrative body to draw legally relevant sub-conclusions supportive of its ultimate decision; the intended effect is to facilitate orderly analysis and minimize the likelihood that the agency will randomly leap from evidence to conclusions.

22
People v. Salazargreen
cal · 2023 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024Following our review of the briefs, we granted the parties an opportunity to brief the issues of retroactivity (§ 607, subd. (m); Estrada, supra, 63 Cal.2d at pp. 744–745), 4. and remedy (People v. Salazar (2023) 15 Cal.5th 416, 425 (Salazar); In re F.M. (2023) 14 Cal.5th 701 , 715–716; People v. Gutierrez (2014) 58 Cal.4th 1354, 1391 (Gutierrez)) in light of Assembly Bill 2361, Senate Bill 545, and Senate Bill 135.

11
People v. Durangreen
cal · 1976 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024(See Duran, supra, 16 Cal.3d at p. 292, fn. 11 .) Here, the court’s findings and analysis based on evidence in the record were sufficient to show a manifest need for the restraint chair, as defendant’s disruptive behavior during prior court proceedings, including his threat against defense counsel, justified the imposition of restraints.

11
People v. Gutierrezgreen
cal · 2014 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024Following our review of the briefs, we granted the parties an opportunity to brief the issues of retroactivity (§ 607, subd. (m); Estrada, supra, 63 Cal.2d at pp. 744–745), 4. and remedy (People v. Salazar (2023) 15 Cal.5th 416, 425 (Salazar); In re F.M. (2023) 14 Cal.5th 701 , 715–716; People v. Gutierrez (2014) 58 Cal.4th 1354, 1391 (Gutierrez)) in light of Assembly Bill 2361, Senate Bill 545, and Senate Bill 135.

11
Shawn Garfield Price v. Superior Courtgreen
cal · 2001 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021Broadcasting Co. (1998) 68 Cal.App.4th 624, 631 .) Furthermore, “[i]t is a basic presumption indulged in by reviewing courts that the trial court is presumed to have known and applied the correct statutory and case law in the exercise of its official duties.” (People v. Mack (1986) 178 Cal.App.3d 1026, 1032 ; accord, People v. Coddington (2000) 23 Cal.4th 529, 644 , overruled on other grounds in Price v. Superior Court (2001) 25 Cal.4th 1046, 1069, fn. 13 .) Accordingly, we presume the trial court accorded the Board’s findings a presumption of correctness and imposed the burden on Rodriguez to

11
People v. Coddingtongreen
cal · 2000 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021Broadcasting Co. (1998) 68 Cal.App.4th 624, 631 .) Furthermore, “[i]t is a basic presumption indulged in by reviewing courts that the trial court is presumed to have known and applied the correct statutory and case law in the exercise of its official duties.” (People v. Mack (1986) 178 Cal.App.3d 1026, 1032 ; accord, People v. Coddington (2000) 23 Cal.4th 529, 644 , overruled on other grounds in Price v. Superior Court (2001) 25 Cal.4th 1046, 1069, fn. 13 .) Accordingly, we presume the trial court accorded the Board’s findings a presumption of correctness and imposed the burden on Rodriguez to

11
Business Electronics Corp. v. Sharp Electronics Corp.green
scotus · 1988 · cited in 1 California opinions naming this issue, 2020–2020
11
Aguilar v. Atlantic Richfield Co.green
cal · 2001 · cited in 1 California opinions naming this issue, 2020–2020
11
Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLCgreen
cal · 2015 · cited in 1 California opinions naming this issue, 2020–2020
11
People v. Callahangreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2015–2015
11
American Funeral Concepts v. Board of Funeral Directors & Embalmersgreen
calctapp · 1982 · cited in 1 California opinions naming this issue, 2014–2014
11
Conway v. Pasadena Humane Societygreen
calctapp · 1996 · cited in 1 California opinions naming this issue, 2013–2013
11
Hoopes v. Dolangreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2013–2013
11
In re Younggreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2013–2013
11
Great Oaks Water Co. v. Santa Clara Valley Water Districtgreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2011–2011
11
Arnel Development Co. v. City of Costa Mesagreen
calctapp · 1981 · cited in 1 California opinions naming this issue, 2009–2009
11
People v. Memrogreen
cal · 1995 · cited in 1 California opinions naming this issue, 1999–1999
11
Thompson v. Keohanegreen
scotus · 1995 · cited in 1 California opinions naming this issue, 1999–1999
11
California Teachers Ass'n v. Governing Board of Rialto Unified School Districtgreen
cal · 1997 · cited in 1 California opinions naming this issue, 1997–1997
11
People v. Weidertgreen
cal · 1985 · cited in 1 California opinions naming this issue, 1997–1997
11
Rodgers v. State Bargreen
cal · 1989 · cited in 1 California opinions naming this issue, 1995–1995
11
Lubetzky v. State Bargreen
cal · 1991 · cited in 1 California opinions naming this issue, 1995–1995
11
Kwasnik v. State Bargreen
cal · 1990 · cited in 1 California opinions naming this issue, 1991–1991
11
Kennedy v. State Bargreen
cal · 1989 · cited in 1 California opinions naming this issue, 1990–1990
11
Hitchcock v. State Bargreen
cal · 1989 · cited in 1 California opinions naming this issue, 1990–1990
11
Frazer v. State Bargreen
cal · 1987 · cited in 1 California opinions naming this issue, 1990–1990
11
Chang v. State Bargreen
cal · 1989 · cited in 1 California opinions naming this issue, 1990–1990
11
Demain v. State Bargreen
cal · 1970 · cited in 1 California opinions naming this issue, 1989–1989
11
In Re Dedmangreen
cal · 1976 · cited in 1 California opinions naming this issue, 1989–1989
11
Lamb v. Workmen's Compensation Appeals Boardgreen
cal · 1974 · cited in 1 California opinions naming this issue, 1988–1988
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (34)

CaseCitedYears
Environmental Protection Information Center v. California Department of Forestry & Fire Protection green
cal · 2008
2 sentences

2009Proc., § 1094.5) is “to bridge the analytic gap between the raw evidence and ultimate decision” and to show the “analytic route the administrative agency traveled from evidence to action.” (Topanga, supra, 11 Cal.3d at p. 515.) Under Code of Civil Procedure section 1094.5, the agency must render findings that are sufficient “both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the [agency’s] action.” (Topanga, at p. 514.) The findings requirement “serves to conduce the administrative

2009Proc., § 1094.5) is “to bridge the analytic gap between the raw evidence and ultimate decision” and to show the “analytic route the administrative agency traveled from evidence to action.” (Topanga, supra, 11 Cal.3d at p. 515.) Under Code of Civil Procedure section 1094.5, the agency must render findings that are sufficient “both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the [agency’s] action.” (Topanga, at p. 514.) The findings requirement “serves to conduce the administrative

22009–2024
In Re Marriage of Schlafly green
calctapp · 2007
2 sentences

2018Careful adherence to the statutory framework, including the application of discretion only at the appropriate stages, " 'respects the rebuttable correctness of the mechanically calculated guideline amount, and allows child support awards to properly reflect the parents' standard of living without doing violence to the word "income" ....' " ( In re Roger Schlafly (2007) 149 Cal.App.4th 747 , 758-759, 57 Cal.Rptr.3d 274 .) It also ensures that when a court applies its discretion to reduce income below guideline, it does so pursuant to the correct standard and provides the explanation required by

2018Careful adherence to the statutory framework, including the application of discretion only at the appropriate stages, " 'respects the rebuttable correctness of the mechanically calculated guideline amount, and allows child support awards to properly reflect the parents' standard of living without doing violence to the word "income" ....' " ( In re Roger Schlafly (2007) 149 Cal.App.4th 747 , 758-759, 57 Cal.Rptr.3d 274 .) It also ensures that when a court applies its discretion to reduce income below guideline, it does so pursuant to the correct standard and provides the explanation required by

22018–2018
Hall v. Hall green
calctapp · 2000
2 sentences

2018Careful adherence to the statutory framework, including the application of discretion only at the appropriate stages, " 'respects the rebuttable correctness of the mechanically calculated guideline amount, and allows child support awards to properly reflect the parents' standard of living without doing violence to the word "income" ....' " ( In re Roger Schlafly (2007) 149 Cal.App.4th 747 , 758-759, 57 Cal.Rptr.3d 274 .) It also ensures that when a court applies its discretion to reduce income below guideline, it does so pursuant to the correct standard and provides the explanation required by

2018Careful adherence to the statutory framework, including the application of discretion only at the appropriate stages, “ ‘respects the rebuttable correctness of the mechanically calculated guideline amount, and allows child support awards to properly reflect the parents’ standard of living without doing violence to the word “income” . . . .’ ” (In re Roger Schlafly (2007) 149 Cal.App.4th 747 , 758–759.) It also ensures that when a court applies its discretion to reduce income below guideline, it does so pursuant to the correct standard and provides the explanation required by federal law. (§ 40

22018–2018
Environmental Defense Fund, Incorporated v. William D. Ruckelshaus green
cadc · 1971
2 sentences

1974Because, notes Judge Bazelon, it provides a framework for principled decision-making, a findings requirement serves to “diminish the importance of judicial review by enhancing the integrity of the administrative process.” (Environmental Defense Fund, Inc. v. Ruckelshaus (D.C.Cir. 1971) 439 F.2d 584, 598 .) By exposing the administrative agency’s mode of analysis, findings help to constrict and define the scope of the judicial function.

1974Cir.1971) 439 F.2d 584, 598 .) By exposing the administrative agency's mode of analysis, findings help to constrict and define the scope of the judicial function.

21974–1974
Doe v. Roman Catholic Archbishop of Cashel & Emly green
calctapp · 2009
1 sentence

2026(Roman Catholic Archbishop, supra, 177 Cal.App.4th at p. 218 .) 8 DISPOSITION The judgment is affirmed.

12026–2026
Foreman & Clark Corp. v. Fallon green
cal · 1971
1 sentence

2025A. Waiver of Accounting Appellants argue there was insufficient evidence to support the probate court’s findings that the parties had waived an accounting of the trusts in their settlement. “ ‘When a finding of fact is attacked on the ground that there is not any substantial evidence to sustain it, the power of an appellate court begins and ends with the determination as to whether there is any substantial evidence contradicted or uncontradicted which will support the finding of fact.’ ” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 .) On a substantial evidence challenge, we “ ‘con

12025–2025
In Re Estate of Young green
calctapp · 2008
1 sentence

2025A. Waiver of Accounting Appellants argue there was insufficient evidence to support the probate court’s findings that the parties had waived an accounting of the trusts in their settlement. “ ‘When a finding of fact is attacked on the ground that there is not any substantial evidence to sustain it, the power of an appellate court begins and ends with the determination as to whether there is any substantial evidence contradicted or uncontradicted which will support the finding of fact.’ ” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 .) On a substantial evidence challenge, we “ ‘con

12025–2025
In Re Estrada green
cal · 1965
1 sentence

2024Following our review of the briefs, we granted the parties an opportunity to brief the issues of retroactivity (§ 607, subd. (m); Estrada, supra, 63 Cal.2d at pp. 744–745), 4. and remedy (People v. Salazar (2023) 15 Cal.5th 416, 425 (Salazar); In re F.M. (2023) 14 Cal.5th 701 , 715–716; People v. Gutierrez (2014) 58 Cal.4th 1354, 1391 (Gutierrez)) in light of Assembly Bill 2361, Senate Bill 545, and Senate Bill 135.

12024–2024
People v. Combs green
cal · 2004
1 sentence

2024(See People v. Combs (2004) 34 Cal.4th 821, 838 .) II.

12024–2024
People v. Cravens green
cal · 2012
1 sentence

2023As discussed, when reviewing the sufficiency of the evidence, “‘[o]n appeal we review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence—that is, evidence that is reasonable, credible, and of solid value—from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.]” (People v. Cravens (2012) 53 Cal.4th 500, 507 .) “The conviction shall stand ‘unless it appears “that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction.]”’” (Id. at p. 508.)

12023–2023
Augustus v. ABM Security Services green
cal · 2016
1 sentence

2023“California law requires employers to relieve their employees of all work-related duties and employer control during 10-minute rest periods.” (Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, 272 ; § 226.7, subd. (b) [“An employer shall not require any employee to work during a . . . rest . . . period mandated” by IWC wage order]; Wage Order 5, subd. 12(A) [requiring 10 minutes net rest time per four hours worked].) First, the trial court’s findings and analysis make clear it considered whether the rest break policy was compliant in practice.

12023–2023
In re Loza green
calctapp · 2017
1 sentence

2023As discussed, when reviewing the sufficiency of the evidence, “‘[o]n appeal we review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence—that is, evidence that is reasonable, credible, and of solid value—from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.]” (People v. Cravens (2012) 53 Cal.4th 500, 507 .) “The conviction shall stand ‘unless it appears “that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction.]”’” (Id. at p. 508.)

12023–2023
People v. MacK green
calctapp · 1986
1 sentence

2021Broadcasting Co. (1998) 68 Cal.App.4th 624, 631 .) Furthermore, “[i]t is a basic presumption indulged in by reviewing courts that the trial court is presumed to have known and applied the correct statutory and case law in the exercise of its official duties.” (People v. Mack (1986) 178 Cal.App.3d 1026, 1032 ; accord, People v. Coddington (2000) 23 Cal.4th 529, 644 , overruled on other grounds in Price v. Superior Court (2001) 25 Cal.4th 1046, 1069, fn. 13 .) Accordingly, we presume the trial court accorded the Board’s findings a presumption of correctness and imposed the burden on Rodriguez to

12021–2021
Winograd v. American Broadcasting Co. green
calctapp · 1999
1 sentence

2021Broadcasting Co. (1998) 68 Cal.App.4th 624, 631 .) Furthermore, “[i]t is a basic presumption indulged in by reviewing courts that the trial court is presumed to have known and applied the correct statutory and case law in the exercise of its official duties.” (People v. Mack (1986) 178 Cal.App.3d 1026, 1032 ; accord, People v. Coddington (2000) 23 Cal.4th 529, 644 , overruled on other grounds in Price v. Superior Court (2001) 25 Cal.4th 1046, 1069, fn. 13 .) Accordingly, we presume the trial court accorded the Board’s findings a presumption of correctness and imposed the burden on Rodriguez to

12021–2021
Dhillon v. John Muir Health green
cal · 2017
12020–2020
In Re Marriage of Burgess green
cal · 1996
12016–2016
Butte County Department of Employment & Social Services v. G.C. green
calctapp · 2013
12016–2016
Jane J. v. Superior Court green
calctapp · 2015
12016–2016
People v. Ault green
cal · 2004
12015–2015
Alan S. v. Superior Court of Orange Cty. green
calctapp · 2009
12015–2015
In Re Marriage of Keech green
calctapp · 1999
12015–2015
In Re Marriage of Cueva green
calctapp · 1978
12015–2015
Soule v. General Motors Corp. green
cal · 1994
12014–2014
Broden v. Marin Humane Society green
calctapp · 1999
12013–2013
Schmier v. Supreme Court of California green
calctapp · 2002
12006–2006
Griset v. Fair Political Practices Commission green
cal · 2001
12002–2002
In Re Arafiles green
calctapp · 1992
12002–2002
Wheeler v. Department of Motor Vehicles neutral
calctapp · 1994
11997–1997
Imachi v. Department of Motor Vehicles green
calctapp · 1992
11994–1994
Desmond v. County of Contra Costa green
calctapp · 1993
11994–1994
East Peninsula Education Council, Inc. v. Palos Verdes Peninsula Unified School District green
calctapp · 1989
11991–1991
Village Laguna of Laguna Beach, Inc. v. Board of Supervisors green
calctapp · 1982
11989–1989
Jean v. Civil Serv. Comm'n of S.F. green
calctapp · 1977
11988–1988
Jones v. Kaiser Industries Corp. green
cal · 1987
11987–1987

Statutes the citing opinions construe

CA § Cal. Evidence Code § 452 (6) CA § Cal. Penal Code § 187 (4) CA § Cal. Government Code § 65850 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 139 (1932–2025) CA 89 (1896–2026) MD 65 (1972–2020) IN 61 (1975–2025) PA 58 (1934–2024) IL 55 (1955–2025) RI 38 (1981–2025) OR 37 (1954–2025) FL 34 (1910–2024) OH 24 (1983–2026) CO 24 (1974–2024) TX 23 (1920–2024) AR 19 (1989–2021) MO 19 (1960–2025) ID 19 (1983–2013) MI 18 (1982–2025) AZ 18 (1974–2024) UT 18 (1980–2026) NC 18 (1953–2020) MA 17 (1979–2025) TN 16 (2000–2018) LA 14 (1985–2025) MN 13 (1952–2016) NM 12 (1892–2022) WA 11 (1973–2024) CT 11 (1938–2014) NJ 11 (1954–2025) ME 10 (1982–2023) MS 10 (1987–2016) KS 10 (1926–2024) DC 8 (1969–2021) MT 7 (1923–2019) WI 7 (1969–2021) AL 7 (1993–2011) ND 6 (1980–2025) SC 6 (1934–2011) GA 6 (1961–2019) AK 6 (1981–1993) SD 5 (1983–2021) VT 5 (1923–2007) VA 5 (1995–2017) KY 3 (1980–1989) WY 3 (1995–2023) WV 2 (1981–2005) NE 2 (1895–1988) NH 2 (1975–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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