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11425.50.
(a) The decision shall be in writing and shall include a statement of the factual and legal basis for the decision.
(b) The statement of the factual basis for the decision may be in the language of, or by reference to, the pleadings. If the statement is no more than mere repetition or paraphrase of the relevant statute or regulation, the statement shall be accompanied by a concise and explicit statement of the
underlying facts of record that support the decision. If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the statement shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination, and on judicial review the court shall give great weight to the determination to the extent the determination identifies the observed demeanor, manner, or attitude of the witness that supports it.(c) The statement of the factual basis for the decision shall be based exclusively on the evidence of record in the proceeding and on matters officially noticed in the proceeding. The presiding officer’s experience, technical competence, and specialized knowledge may be used in evaluating evidence.
(d) Nothing in this section limits the information that may be contained in the
decision, including a summary of evidence relied on.(e) A penalty may not be based on a guideline, criterion, bulletin, manual, instruction, order, standard of general application or other rule subject to Chapter 3.5 (commencing with Section 11340) unless it has been adopted as a regulation pursuant to Chapter 3.5 (commencing with Section 11340).
Government Code section 11425.50 “provides a specific method for court review of the administrative agency's determination of credibility.”
2023CUWM011026 JONATHAN EGELSTON VS CALIFORNIA STATE PERSONNEL ...
2023CUWM011026
Mar 11, 2024
Ventura County, CA
Respondent argues that instead, the Court does not need to give “any special weight to the credibility determinations of the ALJ” if the ALJ does not make findings pursuant to Government section 11425.50. Thus, while the ALJ’s credibility determination is not entitled to great weight, Respondent argues the Court should still give it weight, and that the record as viewed in the light most favorable to the decision supports the ALJ’s credibility determination.
MOHAMMED SHAMEL VS. CALIFORNIA STATE PERSONNEL BOARD
34-2018-80003011-CU-WM-GDS
Jun 16, 2020
Sacramento County, CA
Second, the plain language of section 11425.50 provides the only credibility determinations entitled to great weight are those based on the ALJ’s observations. If the ALJ’s credibility determination is based on something other than her observation of the witness, it is not entitled to great weight pursuant to section 11425.50. In Patterson Flying Service v.
ERIC G SWALLOW VS. CALIFORNIA GAMBLING CONTROL COMMISSION
34-2016-80002402-CU-WM-GDS
Nov 02, 2018
Sacramento County, CA
On judging the credibility of witnesses, under Government Code section 11425.50(b), the administrative agency’s decision “shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination and on judicial review the court shall give great weight to the determination to the extent the determination identifies the observed demeanor, manner, or attitude of the witness that supports it.” (Emphasis supplied.)
MARTINEZ V. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES
VCU 272770
Jun 11, 2018
Tulare County, CA
The Board did not Fail to Proceed in the Manner Required by Law: Petitioner challenges the Boards finding that Petitioner was not credible under Government Code section 11425.50.
POOJA KHUNGAR, MD VS MEDICAL BOARD OF CALIFORNIA
20STCP00008
Oct 26, 2022
Los Angeles County, CA
ORIGINAL 1 Lawrence R. De Fehr (SBN 179279) Conflict Counsel 2 CALIFORNIA CORRECTIONAL FILED/ENDORSED PEACE OFFICERS ASSOCIATION 3 CONFLICT DEPARTMENT NOV 2 7 2019 755 Riverpoint Drive 4 West Sacramento, CA 95605 By:. H. PorlMlanz,3 Telephone: (916) 340-3675 …
Aug 07, 2019
Sacramento County, CA
Nov 27, 2019
Unlimited Civil
ORIGINAL 1 Lawrence R. De Fehr (SBN 179279) Conflict Counsel 2 CALIFORNIA CORRECTIONAL FILED/ENDORSED PEACE OFFICERS ASSOCIATION 3 CONFLICT DEPARTMENT NOV 2 7 2019 755 Riverpoint Drive 4 West Sacramento, CA 95605 By:. H. PorlMlanz,3 Telephone: (916) 340-3675 …
Aug 07, 2019
Sacramento County, CA
Nov 27, 2019
Writ of Mandate
ORIGINAL 1 Lawrence R. De Fehr (SBN 179279) Conflict Counsel 2 CALIFORNIA CORRECTIONAL FILED/ENDORSED PEACE OFFICERS ASSOCIATION 3 CONFLICT DEPARTMENT NOV 2 7 2019 755 Riverpoint Drive 4 West Sacramento, CA 95605 By:. H. PorlMlanz,3 Telephone: (916) 340-3675 …
Aug 07, 2019
Sacramento County, CA
Nov 27, 2019
Unlimited Civil
OA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-11-2008 2:15 pm Case Number: CPF-07-507675 Filing Date: Sep-09-2008 2:15 Juke Box: 001 Image: 02248151 STATEMENT OF DECISION H GEORGE BRENNAN VS. MEDICAL BOARD OF CALIFORNIA 001002248151 Instructions: Please place this sheet on top of the document to be scanned.D A hac aoe San Francisco Couniy Superior Court SEP ~ 9 2008 GORDON PABK-LI, Clerk BY: Gabi — Deputy Clerk SUPERIOR COURT OF CALIFORNIA CO…
Sep 20, 2007
San Francisco County, CA
Sep 09, 2008
WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN
1 Albert J. Garcia, Attorney (SBN 70917) 2 2000 Powell Street, Ste. 1290 3 Emeryville, CA 94608 ELECTRONICALLY 4 Telephone: 510.848.5190 F I L E D 5 Facsimile: 510.758.7370 Supe…
May 08, 2020
San Francisco County, CA
Sep 17, 2021
WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN
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