factual findings hearing in California

11 California opinions name it 2 courts 1980–2023 1 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 (14)

Case	Followed	Cited
In Re Severogreen cal · 1986 · cited in 4 California opinions naming this issue, 1989–1990 2 sentences 1990While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any given case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department ( In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department. 1990While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any given case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department ( In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department.	4	4
In Re Kreamergreen cal · 1975 · cited in 4 California opinions naming this issue, 1989–1990 2 sentences 1990(Std. 2.6.) While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any particular case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department (In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department (In re Kreamer (1975) 14 Cal.3d 524, 532, fn. 5 [ 121 Cal.Rptr. 600 , 535 P.2d 1990(Std. 2.6.) While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any particular case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department (In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department (In re Kreamer (1975) 14 Cal.3d 524, 532, fn. 5 [ 121 Cal.Rptr. 600 , 535 P.2d	4	4
Greenbaum v. State Bargreen cal · 1987 · cited in 3 California opinions naming this issue, 1990–1990 2 sentences 1990While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any given case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department ( In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department. 1990While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any given case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department ( In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department.	3	3
In Re Chiragreen cal · 1986 · cited in 3 California opinions naming this issue, 1990–1990 2 sentences 1990While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any given case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department ( In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department. 1990While we must exercise independent judgment in determining the appropriate level of discipline to be imposed in any given case (Greenbaum v. State Bar (1987) 43 Cal.3d 543, 550 [ 237 Cal.Rptr. 168 , 736 P.2d 754 ]; In re Chira (1986) 42 Cal.3d 904, 909 [ 231 Cal.Rptr. 560 , 727 P.2d 753 ]), we give great weight to the disciplinary recommendations of the review department ( In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing department.	3	3
Coppock v. State Bargreen cal · 1988 · cited in 2 California opinions naming this issue, 1989–1989 2 sentences 1989(Coppock v. State Bar (1988) 44 Cal.3d 665, 667 [ 244 Cal.Rptr. 462 , 749 P.2d 1317 ].) We generally give more weight to the factual findings of the hearing panel since 265 it has a better opportunity to observe the testimony of various witnesses. 1989(Coppock v. State Bar (1988) 44 Cal.3d 665, 667 [ 244 Cal.Rptr. 462 , 749 P.2d 1317 ].) We generally give more weight to the factual findings of the hearing panel since 265 it has a better opportunity to observe the testimony of various witnesses.	1	2
Oiye v. Foxgreen calctapp · 2012 · cited in 1 California opinions naming this issue, 2015–2015 1 sentence 2015(See id. at p. 1020.) The Jackson court held that the appropriate standard of review of an order sealing court records is a de novo “independent review . . . ‘to determine whether the facts satisfy the rule of law.’” (Id. at p. 1021; see Overstock.com at p. 491; see also Oiye v. Fox (2012) 211 Cal.App.4th 1036, 1067 [following Jackson over Providian on this point].) Because Copeland challenges only the part of the order denying her request to seal, we do not need to resolve this split of authority. 5 The court may grant a motion to seal (or, as here, redact) records only if the court “expressl	1	1
Overstock.com, Inc. v. Goldman Sachs Group, Inc.green calctapp · 2014 · cited in 1 California opinions naming this issue, 2015–2015 1 sentence 2015(See Overstock.com, Inc. v. Goldman Sachs Group, Inc., supra, 231 Cal.App.4th at p. 487 [“[t]he court may order a record sealed only upon making express findings” under rule 2.550(d)].) There is no evidence in the record, however, that the trial court made any factual findings.	1	1
In Re Younggreen cal · 1989 · cited in 1 California opinions naming this issue, 1991–1991 2 sentences 1991"We generally give more weight to the factual findings of the hearing panel since it has a better opportunity to observe the testimony of various witnesses." ( In re Young (1989) 49 Cal.3d 257, 264-265 [ 261 Cal. Rptr. 59 , 776 P.2d 1021 ]; see also Hartford v. State Bar (1990) 50 Cal.3d 1139, 1149 [ 270 Cal. Rptr. 12 , 791 P.2d 598 ]; Dixon v. State Bar (1982) 32 Cal.3d 728, 736 [ 187 Cal. Rptr. 30 , 653 P.2d 321 ].) In this instance, the hearing judge's recommendation followed his finding that the State Bar had failed to establish several of the acts of misconduct that it alleged petitioner 1991"We generally give more weight to the factual findings of the hearing panel since it has a better opportunity to observe the testimony of various witnesses." ( In re Young (1989) 49 Cal.3d 257, 264-265 [ 261 Cal. Rptr. 59 , 776 P.2d 1021 ]; see also Hartford v. State Bar (1990) 50 Cal.3d 1139, 1149 [ 270 Cal. Rptr. 12 , 791 P.2d 598 ]; Dixon v. State Bar (1982) 32 Cal.3d 728, 736 [ 187 Cal. Rptr. 30 , 653 P.2d 321 ].) In this instance, the hearing judge's recommendation followed his finding that the State Bar had failed to establish several of the acts of misconduct that it alleged petitioner	1	1
Hartford v. State Bargreen cal · 1990 · cited in 1 California opinions naming this issue, 1991–1991 2 sentences 1991"We generally give more weight to the factual findings of the hearing panel since it has a better opportunity to observe the testimony of various witnesses." ( In re Young (1989) 49 Cal.3d 257, 264-265 [ 261 Cal. Rptr. 59 , 776 P.2d 1021 ]; see also Hartford v. State Bar (1990) 50 Cal.3d 1139, 1149 [ 270 Cal. Rptr. 12 , 791 P.2d 598 ]; Dixon v. State Bar (1982) 32 Cal.3d 728, 736 [ 187 Cal. Rptr. 30 , 653 P.2d 321 ].) In this instance, the hearing judge's recommendation followed his finding that the State Bar had failed to establish several of the acts of misconduct that it alleged petitioner 1991"We generally give more weight to the factual findings of the hearing panel since it has a better opportunity to observe the testimony of various witnesses." ( In re Young (1989) 49 Cal.3d 257, 264-265 [ 261 Cal. Rptr. 59 , 776 P.2d 1021 ]; see also Hartford v. State Bar (1990) 50 Cal.3d 1139, 1149 [ 270 Cal. Rptr. 12 , 791 P.2d 598 ]; Dixon v. State Bar (1982) 32 Cal.3d 728, 736 [ 187 Cal. Rptr. 30 , 653 P.2d 321 ].) In this instance, the hearing judge's recommendation followed his finding that the State Bar had failed to establish several of the acts of misconduct that it alleged petitioner	1	1
Dixon v. State Bargreen cal · 1982 · cited in 1 California opinions naming this issue, 1991–1991 2 sentences 1991"We generally give more weight to the factual findings of the hearing panel since it has a better opportunity to observe the testimony of various witnesses." ( In re Young (1989) 49 Cal.3d 257, 264-265 [ 261 Cal. Rptr. 59 , 776 P.2d 1021 ]; see also Hartford v. State Bar (1990) 50 Cal.3d 1139, 1149 [ 270 Cal. Rptr. 12 , 791 P.2d 598 ]; Dixon v. State Bar (1982) 32 Cal.3d 728, 736 [ 187 Cal. Rptr. 30 , 653 P.2d 321 ].) In this instance, the hearing judge's recommendation followed his finding that the State Bar had failed to establish several of the acts of misconduct that it alleged petitioner 1991"We generally give more weight to the factual findings of the hearing panel since it has a better opportunity to observe the testimony of various witnesses." ( In re Young (1989) 49 Cal.3d 257, 264-265 [ 261 Cal. Rptr. 59 , 776 P.2d 1021 ]; see also Hartford v. State Bar (1990) 50 Cal.3d 1139, 1149 [ 270 Cal. Rptr. 12 , 791 P.2d 598 ]; Dixon v. State Bar (1982) 32 Cal.3d 728, 736 [ 187 Cal. Rptr. 30 , 653 P.2d 321 ].) In this instance, the hearing judge's recommendation followed his finding that the State Bar had failed to establish several of the acts of misconduct that it alleged petitioner	1	1
Franklin v. State Bargreen cal · 1986 · cited in 1 California opinions naming this issue, 1989–1989 2 sentences 1989(Franklin v. State Bar (1986) 41 Cal.3d 700, 708 [ 224 Cal.Rptr. 738 , 715 P.2d 699 ].) However, we must independently examine the evidence and determine its sufficiency in State Bar disciplinary matters. 1989(Franklin v. State Bar (1986) 41 Cal.3d 700, 708 [ 224 Cal.Rptr. 738 , 715 P.2d 699 ].) However, we must independently examine the evidence and determine its sufficiency in State Bar disciplinary matters.	1	1
Lawhorn v. State Bargreen cal · 1987 · cited in 1 California opinions naming this issue, 1989–1989 2 sentences 1989(Lawhorn v. State Bar (1987) 43 Cal.3d 1357, 1365 [ 240 Cal.Rptr. 848 , 743 P.2d 908 ].) In so doing, however, we give great weight to both the disciplinary recommendations of the review department (In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing panel (In re Kreamer (1975) 14 Cal.3d 524, 532, fn. 5 [ 121 Cal.Rptr. 600 , 535 P.2d 728 ]). 1989(Lawhorn v. State Bar (1987) 43 Cal.3d 1357, 1365 [ 240 Cal.Rptr. 848 , 743 P.2d 908 ].) In so doing, however, we give great weight to both the disciplinary recommendations of the review department (In re Severo (1986) 41 Cal.3d 493, 500 [ 224 Cal.Rptr. 106 , 714 P.2d 1244 ]) and the factual findings of the hearing panel (In re Kreamer (1975) 14 Cal.3d 524, 532, fn. 5 [ 121 Cal.Rptr. 600 , 535 P.2d 728 ]).	1	1
Magee v. State Bargreen cal · 1975 · cited in 1 California opinions naming this issue, 1985–1985 2 sentences 1985(Magee v. State Bar (1975) 13 Cal.3d 700, 708 [ 119 Cal.Rptr. 485 , 532 P.2d 133 ].) Nothing in Mrs. S’s testimony was inherently incredible, while petitioner’s testimony before the hearing panel was fraught with inconsistencies and was seemingly less than candid. 1985(Magee v. State Bar (1975) 13 Cal.3d 700, 708 [ 119 Cal.Rptr. 485 , 532 P.2d 133 ].) Nothing in Mrs. S’s testimony was inherently incredible, while petitioner’s testimony before the hearing panel was fraught with inconsistencies and was seemingly less than candid.	1	1
Garza v. Workmen's Compensation Appeals Boardgreen cal · 1970 · cited in 1 California opinions naming this issue, 1980–1980 2 sentences 1980App. Bd. (1970) 3 Cal.3d 312, 318-319 [ 90 Cal.Rptr. 355 , 475 P.2d 451 ]). 1980App. Bd. (1970) 3 Cal.3d 312, 318-319 [ 90 Cal.Rptr. 355 , 475 P.2d 451 ]).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

Case	Cited	Years
Vita Planning & Landscape Architecture, Inc. v. HKS Architects, Inc. green calctapp · 2015 1 sentence 2023The interpretation of a contract is a question of law, as pertinent here, “only when it is based on the words of the instrument alone” or “when there is no conflict in the extrinsic evidence.” (City of Hope National Medical Center v. Genentech, Inc. (2008) 43 Cal.4th 375, 395 .) “But when, as here, ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact . . . .” (Ibid.) “ ‘ “ ‘[W]here the existence . . . of a contract or the terms th	1	2023–2023
Moncharsh v. Heily & Blase green cal · 1992 1 sentence 2023We may not review the arbitrator’s factual findings for error (Moncharsh, supra, 3 Cal.4th at p. 11 ), and we conclude there is no error of law or legal reasoning appearing on the face of the Arbitration Award.	1	2023–2023
City of Hope National Medical Center v. Genentech, Inc. green cal · 2008 1 sentence 2023The interpretation of a contract is a question of law, as pertinent here, “only when it is based on the words of the instrument alone” or “when there is no conflict in the extrinsic evidence.” (City of Hope National Medical Center v. Genentech, Inc. (2008) 43 Cal.4th 375, 395 .) “But when, as here, ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact . . . .” (Ibid.) “ ‘ “ ‘[W]here the existence . . . of a contract or the terms th	1	2023–2023
National Labor Relations Board v. Four Winds Industries, Inc. green ca9 · 1976 2 sentences 1980These same very important factors, however, are entirely unavailable to a reader of the transcript, such as the Board or the Court of Appeals.... ” When the Board chooses to disregard the factual findings of its hearing officer, I believe our burden on review is to that extent increased and we are bound to scrutinize the Board’s findings more carefully in light of the absence of underlying factual findings by the ALO (see N.L.R.B. v. Four Winds Industries, supra, 530 F.2d 75, 80 ; Garza v. Workmen’s Comp. 1980These same very important factors, however, are entirely unavailable to a reader of the transcript, such as the Board or the Court of Appeals.... ” When the Board chooses to disregard the factual findings of its hearing officer, I believe our burden on review is to that extent increased and we are bound to scrutinize the Board’s findings more carefully in light of the absence of underlying factual findings by the ALO (see N.L.R.B. v. Four Winds Industries, supra, 530 F.2d 75, 80 ; Garza v. Workmen’s Comp.	1	1980–1980

Where else courts name it

LA 28 (1993–2014) NY 22 (1968–2026) MD 18 (1983–2015) DC 14 (1998–2024) CA 11 (1980–2023) IL 10 (1989–2025) FL 10 (1985–2015) VA 7 (2008–2022) OH 7 (1990–2022) RI 6 (2000–2026) PA 5 (1984–2015) CO 5 (1990–1999) CT 3 (2006–2025) AZ 2 (1998–2025) MI 2 (2014–2014) OR 2 (2025–2025) WA 2 (1998–1998) MN 2 (1984–2011) NM 2 (1989–2012)

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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