On appeal, is the court bound by the independent judgment rule?
California, United States of America
The following excerpt is from James v. Board of Dental Examiners, 172 Cal.App.3d 1096, 218 Cal.Rptr. 710 (Cal. App. 1985):
On appeal, we normally presume the trial court made all findings necessary to support the judgment. (Milligan v. Hearing Aid Dispensers Examining Com. (1983) 142 Cal.App.3d 1002, 1004-1005, fn. 3, 191 Cal.Rptr. 490; Small v. Smith (1971) 16 Cal.App.3d 450, 455, 94 Cal.Rptr. 136.) However, the judgment here recites only that the court applied the independent judgment rule and denied the petition, nothing more.
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