California, United States of America
The following excerpt is from Torre v. Bd. of Behavioral Scis. Dep't of Consumer Affairs, F063562 (Cal. App. 2012):
the court fully and completely discussed the evidence relevant to the issue and stated in detail its reasons for resolution of the issues in question.5 As to other requested findings, appellant has not established the prejudice required for reversal of the judgment for failure to make the findings: "Even though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission to make such finding is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party which would have the effect of countervailing or destroying other findings." (People v. Casa Blanca Convalescent Homes, Inc. (1984) 159 Cal.App.3d 509, 524.) Here, for example, the court's failure to make an express finding on the credibility of witnesses, as sought in paragraphs 5 and 6 of appellant's request for statement of decision, would not negate the finding that appellant still presented a risk of harm to the public. Appellant's argument to the contrary is based on the unduly narrow premise, which we discuss below, that only a lack of proficiency of a licensee's clinical skills can demonstrate unprofessional conduct. Accordingly, any failure of the court to make findings on requested issues did not prejudice appellant.
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