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13 California opinions name it 1 courts 2014–2026 10 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.
| Case | Followed | Cited |
|---|---|---|
In Re KBgreen2 sentences2014(In re K.B., supra, 173 Cal.App.4th at p. 1283 , citing In re Michael G., supra, 63 Cal.App.4th at pp. 715–716.) Having cited In re Michael G. in connection with the “active efforts” finding made in connection with the disposition hearing, the court did not explain why it applied a different standard of review to the finding made at the hearing to terminate parental rights. 2014(In re K.B., supra, 173 Cal.App.4th at p. 1283, citing In re Michael G., supra, 63 Cal.App.4th at pp. 715-716.) Having cited In re Michael G. in connection with the “active efforts” finding made in connection with the disposition hearing, the court did not explain why it applied a different standard of review to the finding made at the hearing to terminate parental rights. | 1 | 2 |
San Diego County Health & Human Services Agency v. Angela G.green1 sentence2026(In re Michael G. (2012) 203 Cal.App.4th 580, 589 (Michael G.).) “The substantial evidence standard of review is generally considered the most difficult standard of review to meet, as it should be, because it is not the function of the reviewing court to determine the facts.” (Ibid.) We must “account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard,” as we do here. | 1 | 1 |
Waremart Foods v. United Food and Commercial Workers Union, Local 588green1 sentence2022That statute states in full, “No officer or member of any association or organization, and no association or organization, participating or interested in a labor 2 We deny as unnecessary Local 39’s request for judicial notice of a ruling by an administrative law judge in a related proceeding before the National Labor Relations Board, as that request is relevant only to arguments that we need not reach. 7 dispute, shall be held responsible or liable in any court of this state for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or | 1 | 1 |
San Diego Cnty. Health & Human Servs. Agency v. T.B. (In re D.B.)green1 sentence2021(In re D.B. (2018) 26 Cal.App.5th 320, 328 [appellate court considers entire record in reviewing dispositional findings for substantial evidence].) But a removal order at a disposition hearing must be founded upon clear and convincing evidence. (§ 361, subd. (c)(1).) Accordingly, as the California Supreme Court recently explained, where a trial court’s determination was founded upon a clear and convincing evidentiary standard, a substantial evidence review of that decision is a nuanced one. “[A]n appellate court must account for the clear and convincing standard of proof when addressing a clai | 1 | 1 |
Brooks v. Brooks (In re Brooks)green1 sentence2020(Id. at p. 1005.) In doing so, we are nonetheless limited by the well-known standard: “ ‘If there is substantial evidence to support the ruling, it will not be disturbed on appeal even if the record can also support a different ruling.’ ” (M.Z., supra, 5 Cal.App.5th at p. 64 , italics added.) As particularly applicable given Appellant’s presentation on appeal, “ ‘[w]e do not review the evidence to see if there is substantial evidence to support the losing party’s version of events, but only to see if substantial evidence exists to support the [ruling] in favor of the prevailing party.’ ” (In r | 1 | 1 |
Campbell v. General Motors Corp.green1 sentence2020(Id. at p. 1005.) In doing so, we are nonetheless limited by the well-known standard: “ ‘If there is substantial evidence to support the ruling, it will not be disturbed on appeal even if the record can also support a different ruling.’ ” (M.Z., supra, 5 Cal.App.5th at p. 64 , italics added.) As particularly applicable given Appellant’s presentation on appeal, “ ‘[w]e do not review the evidence to see if there is substantial evidence to support the losing party’s version of events, but only to see if substantial evidence exists to support the [ruling] in favor of the prevailing party.’ ” (In r | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sacramento Cnty. Dep't of Child, Family & Adult Servs. v. F.C. (In re D.D.)
green
1 sentence2025The focus of the statute is on averting harm to the child.” (Ibid.) “‘We review an order sustaining a section 387 petition for substantial evidence.’” (In re D.D., supra, 32 Cal.App.5th at p. 990 .) We must “account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard,” such as father’s challenge here to the removal order. | 1 | 2025–2025 |
Technology Credit Union v. Rafat
green
1 sentence2024(Technology Credit Union v. Rafat (2022) 82 Cal.App.5th 314 , 323 [applying the clear and convincing standard articulated in O.B. to a workplace 22 violence restraining order under § 527.8]; see Fam. | 1 | 2024–2024 |
Conroy v. Spitzer
green
1 sentence2022(Ibid.; Conroy v. Spitzer (1999) 70 Cal.App.4th 1446 , 1451-1452; cf. Conservatorship of O.B. (2020) 9 Cal.5th 989 , 1011 [“an appellate court must account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard”].) Section 1138 is one such a law. | 1 | 2022–2022 |
In Re Jasmon O.
green
1 sentence2022(In re Jasmon O. (1994) 8 Cal.4th 398, 415-416 .) “Substantial evidence is evidence that is ‘of ponderable legal significance,’ ‘reasonable in nature, credible, and of solid value,’ and ‘ “substantial” proof of the essentials which the law requires in a particular case.’ ” (Conservatorship of O.B. (2020) 9 Cal.5th 989 , 1006 (O.B.).) We “must account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard,” such as the challenge here to the juvenile court’s decision to terminate reunification services. | 1 | 2022–2022 |
State Dep't of State Hosps. v. J.W.
green
1 sentence2021(State Dept. of State Hospitals v. J.W., supra, 31 Cal.App.5th at p. 346 .) “To ensure the right to refuse medication is protected, a judicial determination of incapacity based on clear and convincing evidence is required before involuntary medication is permitted.” (Ibid.) “[A]n appellate court must account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard. | 1 | 2021–2021 |
Stuart v. Vaughan
green
1 sentence2021(Guardianship of Vaughan, supra, at p. 1067 .) “ ‘We view the evidence in a light most favorable to the trial court’s decision, resolving all conflicts in the evidence and drawing all reasonable inferences in support of that court’s findings. [Citation.] In short, we review the evidence but do not weigh it; we defer to the trial court’s findings to the extent they are supported by substantial evidence. [Citations.]’ ” (Ibid.) To the extent the clear and convincing standard applied in the trial court, when we address a claim raised on appeal that the evidence does not support a finding made und | 1 | 2021–2021 |
In Re Gregory A.
green
1 sentence2021(In re Gregory A. (2005) 126 Cal.App.4th 1554, 1561 .) On appeal, we “must account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard. | 1 | 2021–2021 |
Riverside County Department of Public Social Services v. Randall S.
green
1 sentence2021(In re Chantal S. (1996) 13 Cal.4th 196, 210 .) On appeal, we “must account for the clear and convincing standard of 6 proof when addressing a claim that the evidence does not support a finding made under this standard. | 1 | 2021–2021 |
San Diego County Health & Human Services Agency v. Anthony R.
green
2 sentences2020(Id. at p. 1005.) In doing so, we are nonetheless limited by the well-known standard: “ ‘If there is substantial evidence to support the ruling, it will not be disturbed on appeal even if the record can also support a different ruling.’ ” (M.Z., supra, 5 Cal.App.5th at p. 64 , italics added.) As particularly applicable given Appellant’s presentation on appeal, “ ‘[w]e do not review the evidence to see if there is substantial evidence to support the losing party’s version of events, but only to see if substantial evidence exists to support the [ruling] in favor of the prevailing party.’ ” (In r 2020(M.Z., supra, 5 Cal.App.5th at p. 64 .) Because Appellant challenges a family court finding that must be based on clear and convincing evidence, we “must account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard.” (O.B., supra, 9 Cal.5th at p. 1011.) In conducting this review under the new standard established by our Supreme Court in O.B., we “must view the record in the light most favorable to [Respondent] and give appropriate deference to how the trier of fact may 10 have evaluated the credibility of w | 1 | 2020–2020 |
In Re Michael G.
green
1 sentence2014(In re K.B., supra, 173 Cal.App.4th at p. 1283 , citing In re Michael G., supra, 63 Cal.App.4th at pp. 715–716.) Having cited In re Michael G. in connection with the “active efforts” finding made in connection with the disposition hearing, the court did not explain why it applied a different standard of review to the finding made at the hearing to terminate parental rights. | 1 | 2014–2014 |
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.