context of an administrative hearing (California) · Go Syfert
← California issues

context of an administrative hearing in California

8 California opinions name it 2 courts 1985–2019 0 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 (5)

CaseFollowedCited
Gentry v. City of Murrietagreen
calctapp · 1995 · cited in 1 California opinions naming this issue, 2006–2006
1 sentence

2006For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” ’ ” (Leonoff v. Monterey County Bd. of Supervisors (1990) 222 Cal.App.3d 1337, 1351-1352 [ 272 Cal.Rptr. 372 ]; see also Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 928 [ 21 Cal.Rptr.3d 791 ] [“Relevant personal observations of area residents on nontechnical subjects may qualify as substantial evidence” (italics added)].) However, although local residents may testify to their observations regarding existing traffic conditions, “in the absence of a specific factual f

11
The Pocket Protectors v. City of Sacramentogreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” ’ ” (Leonoff v. Monterey County Bd. of Supervisors (1990) 222 Cal.App.3d 1337, 1351-1352 [ 272 Cal.Rptr. 372 ]; see also Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 928 [ 21 Cal.Rptr.3d 791 ] [“Relevant personal observations of area residents on nontechnical subjects may qualify as substantial evidence” (italics added)].) However, although local residents may testify to their observations regarding existing traffic conditions, “in the absence of a specific factual f

2006For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” ’ ” (Leonoff v. Monterey County Bd. of Supervisors (1990) 222 Cal.App.3d 1337, 1351-1352 [ 272 Cal.Rptr. 372 ]; see also Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 928 [ 21 Cal.Rptr.3d 791 ] [“Relevant personal observations of area residents on nontechnical subjects may qualify as substantial evidence” (italics added)].) However, although local residents may testify to their observations regarding existing traffic conditions, “in the absence of a specific factual f

11
Leonoff v. Monterey County Board of Supervisorsgreen
calctapp · 1990 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” ’ ” (Leonoff v. Monterey County Bd. of Supervisors (1990) 222 Cal.App.3d 1337, 1351-1352 [ 272 Cal.Rptr. 372 ]; see also Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 928 [ 21 Cal.Rptr.3d 791 ] [“Relevant personal observations of area residents on nontechnical subjects may qualify as substantial evidence” (italics added)].) However, although local residents may testify to their observations regarding existing traffic conditions, “in the absence of a specific factual f

2006For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” ’ ” (Leonoff v. Monterey County Bd. of Supervisors (1990) 222 Cal.App.3d 1337, 1351-1352 [ 272 Cal.Rptr. 372 ]; see also Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 928 [ 21 Cal.Rptr.3d 791 ] [“Relevant personal observations of area residents on nontechnical subjects may qualify as substantial evidence” (italics added)].) However, although local residents may testify to their observations regarding existing traffic conditions, “in the absence of a specific factual f

11
Wool v. Maryland-National Capital Park & Planning Commissiongreen
mdd · 1987 · cited in 1 California opinions naming this issue, 1996–1996
1 sentence

1996Com’n (D.Md. 1987) *292 664 F.Supp. 225, 231 [absence of oath did not violate due process since board members were still able to judge credibility of witnesses]; Sinclair Oil Corporation v. Smith (S.D.N.Y. 1968) 293 F.Supp. 1111, 1115 [“Failure to administer oaths to witnesses and denial of an offer of proof are not necessarily denials of due process in the context of an administrative hearing.”].) State courts outside California have also held that witnesses in an administrative proceeding need not be placed under oath.

11
Sinclair Oil Corporation v. Smithgreen
nysd · 1968 · cited in 1 California opinions naming this issue, 1996–1996
1 sentence

1996Com’n (D.Md. 1987) *292 664 F.Supp. 225, 231 [absence of oath did not violate due process since board members were still able to judge credibility of witnesses]; Sinclair Oil Corporation v. Smith (S.D.N.Y. 1968) 293 F.Supp. 1111, 1115 [“Failure to administer oaths to witnesses and denial of an offer of proof are not necessarily denials of due process in the context of an administrative hearing.”].) State courts outside California have also held that witnesses in an administrative proceeding need not be placed under oath.

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 (11)

CaseCitedYears
Citizens Ass'n for Sensible Development of Bishop Area v. County of Inyo green
calctapp · 1985
2 sentences

1990For example, an adjacent property owner may *1352 testify to traffic conditions based upon personal knowledge.’ (Citizens Assn. for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .)” (183 Cal.App.3d at p. 246, fn. 8.) Here, a man who had leased adjacent property for seven years wrote the Supervisors on December 6, asserting that in his experience, “Pulling on to Carmel Valley Road from this area is a nightmare ....

1986For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” (Citizens Assn, for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .) 9 Dr. Curry’s approach, not surprisingly, was debunked by Mission Ranch’s hydrologist, Dr. Ray Lindsley, who advocated the Fox demarcation line. 10 Section 2.3.3.5 provides that field surveys by qualified individuals or agencies be required in order to determine precise locations of the habitat, and 2.3.3.1 is the wetlands definition quoted above. 12 Markley v. City Council (1982)

21986–1990
Miranda v. Arizona green
scotus · 1966
2 sentences

1988Section 3303, subdivision (g) provides: “If prior to or during the interrogation of a public safety officer it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights.” We determined that, in the context of an administrative inquiry into possible criminal misconduct, the officer’s “constitutional rights” consisted of the basic Miranda rights (see Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]), as modified by the principles of Lefkowitz v. Turley, supra, 414 U.S. at pages 77-79 [38 L.Ed

1988Section 3303, subdivision (g) provides: “If prior to or during the interrogation of a public safety officer it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights.” We determined that, in the context of an administrative inquiry into possible criminal misconduct, the officer’s “constitutional rights” consisted of the basic Miranda rights (see Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]), as modified by the principles of Lefkowitz v. Turley, supra, 414 U.S. at pages 77-79 [38 L.Ed

21985–1988
Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego green
calctapp · 2006
1 sentence

2019Nevertheless, there is no discussion in the EIR of the Three-Foot Cyclist law, and no analysis of the significant risk to motorists and cyclists that will be caused by the General Plan’s Mobility Policy that allows unmitigated LOS F conditions on narrow residential streets.” While personal observations are evidence that may properly be considered in the context of an administrative hearing, “ ‘in the absence of a specific factual foundation in the record, dire predictions by nonexperts regarding the consequences of a project do not constitute substantial evidence.’ [Citation.] ‘Unsubstantiated

12019–2019
Lentz v. McMahon green
cal · 1989
2 sentences

1999In Lentz , the court held that a recipient of welfare benefits may assert the equitable estoppel defense in the context of an administrative hearing of the Department of Social Services (DSS). ( Id., at p. 407, 261 Cal.Rptr. 310 , 777 P.2d 83 .) The court further held that the statutory scheme contemplates the application of the equitable estoppel defense. ( Id., at p. 407, 261 Cal.Rptr. 310 , 777 P.2d 83 .) The holding in Lentz does not stand for the all-encompassing conclusion that equitable principles apply to all administrative proceedings.

1999In Lentz , the court held that a recipient of welfare benefits may assert the equitable estoppel defense in the context of an administrative hearing of the Department of Social Services (DSS). ( Id., at p. 407, 261 Cal.Rptr. 310 , 777 P.2d 83 .) The court further held that the statutory scheme contemplates the application of the equitable estoppel defense. ( Id., at p. 407, 261 Cal.Rptr. 310 , 777 P.2d 83 .) The holding in Lentz does not stand for the all-encompassing conclusion that equitable principles apply to all administrative proceedings.

11999–1999
Curtin v. Department of Motor Vehicles green
calctapp · 1981
2 sentences

1999In Curtin v. Department of Motor Vehicles (1981) 123 Cal.App.3d 481 , 176 Cal. Rptr. 690 , the court discussed equitable principles in the context of an administrative per se proceeding conducted to review the suspension of an individual's driver's license.

1999In Curtin v. Department of Motor Vehicles (1981) 123 Cal.App.3d 481 , 176 Cal. Rptr. 690 , the court discussed equitable principles in the context of an administrative per se proceeding conducted to review the suspension of an individual's driver's license.

11999–1999
Garrity v. New Jersey green
scotus · 1967
1 sentence

1988Section 3303, subdivision (g) provides: “If prior to or during the interrogation of a public safety officer it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights.” We determined that, in the context of an administrative inquiry into possible criminal misconduct, the officer’s “constitutional rights” consisted of the basic Miranda rights (see Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]), as modified by the principles of Lefkowitz v. Turley, supra, 414 U.S. at pages 77-79 [38 L.Ed

11988–1988
Lybarger v. City of Los Angeles green
cal · 1985
1 sentence

1988“In other words, [Officer Lybarger] should have been told, among other things, that although he had the right to remain silent and not incriminate himself, (1) his silence could be deemed insubordination, leading to administrative discipline, and (2) any statement made under the compulsion of the threat of such discipline could not be used against him in any subsequent criminal proceeding. [Citations.]” (Lybarger, supra, 40 Cal.3d at p. 829 .) 3 We noted that Officer Lybarger was properly informed of the consequences of remaining silent, but was not told that any statements he made could not b

11988–1988
Brentwood Assn. for No Drilling, Inc. v. City of Los Angeles green
calctapp · 1982
1 sentence

1986For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” (Citizens Assn, for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .) 9 Dr. Curry’s approach, not surprisingly, was debunked by Mission Ranch’s hydrologist, Dr. Ray Lindsley, who advocated the Fox demarcation line. 10 Section 2.3.3.5 provides that field surveys by qualified individuals or agencies be required in order to determine precise locations of the habitat, and 2.3.3.1 is the wetlands definition quoted above. 12 Markley v. City Council (1982)

11986–1986
McCarthy v. California Tahoe Regional Planning Agency green
calctapp · 1982
2 sentences

1986For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” (Citizens Assn, for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .) 9 Dr. Curry’s approach, not surprisingly, was debunked by Mission Ranch’s hydrologist, Dr. Ray Lindsley, who advocated the Fox demarcation line. 10 Section 2.3.3.5 provides that field surveys by qualified individuals or agencies be required in order to determine precise locations of the habitat, and 2.3.3.1 is the wetlands definition quoted above. 12 Markley v. City Council (1982)

1986For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” (Citizens Assn, for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .) 9 Dr. Curry’s approach, not surprisingly, was debunked by Mission Ranch’s hydrologist, Dr. Ray Lindsley, who advocated the Fox demarcation line. 10 Section 2.3.3.5 provides that field surveys by qualified individuals or agencies be required in order to determine precise locations of the habitat, and 2.3.3.1 is the wetlands definition quoted above. 12 Markley v. City Council (1982)

11986–1986
Rosenthal v. Board of Supervisors green
calctapp · 1975
1 sentence

1986For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” (Citizens Assn, for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .) 9 Dr. Curry’s approach, not surprisingly, was debunked by Mission Ranch’s hydrologist, Dr. Ray Lindsley, who advocated the Fox demarcation line. 10 Section 2.3.3.5 provides that field surveys by qualified individuals or agencies be required in order to determine precise locations of the habitat, and 2.3.3.1 is the wetlands definition quoted above. 12 Markley v. City Council (1982)

11986–1986
Markley v. City Council green
calctapp · 1982
2 sentences

1986For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” (Citizens Assn, for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .) 9 Dr. Curry’s approach, not surprisingly, was debunked by Mission Ranch’s hydrologist, Dr. Ray Lindsley, who advocated the Fox demarcation line. 10 Section 2.3.3.5 provides that field surveys by qualified individuals or agencies be required in order to determine precise locations of the habitat, and 2.3.3.1 is the wetlands definition quoted above. 12 Markley v. City Council (1982)

1986For example, an adjacent property owner may testify to traffic conditions based upon personal knowledge.” (Citizens Assn, for Sensible Development of Bishop Area v. County of Inyo, supra, 172 Cal.App.3d at p. 173 .) 9 Dr. Curry’s approach, not surprisingly, was debunked by Mission Ranch’s hydrologist, Dr. Ray Lindsley, who advocated the Fox demarcation line. 10 Section 2.3.3.5 provides that field surveys by qualified individuals or agencies be required in order to determine precise locations of the habitat, and 2.3.3.1 is the wetlands definition quoted above. 12 Markley v. City Council (1982)

11986–1986

Where else courts name it

CA 8 (1985–2019) TX 5 (2008–2025) NM 2 (2012–2013) NE 2 (1998–1998) NY 2 (2010–2012) OR 2 (1980–2020) IL 2 (2015–2015) CT 2 (1997–2001) MD 2 (2006–2014)

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.

← Caselaw search · G Cite Topics · Brief Check