What is the test for a judge to review a hearing transcript based on a different memory?

California, United States of America


The following excerpt is from Spector v. Spector (In re Spector), 233 Cal.Rptr.3d 855, 24 Cal.App.5th 201 (Cal. App. 2018):

The judge responded to wife, "[p]ursuant to the holding in Le Francois v. Goel (2005) 35 Cal.4th 1094 [29 Cal.Rptr.3d 249, 112 P.3d 636], I have the authority and ability to reconsider a ruling I made sua sponte which is exactly what I'm going to do." The judge further explained she needed to review the hearing transcript based on wife's comments because her memory differed from wife's. She continued: "As part of my reconsideration I am providing, although I am not required to do so, an opportunity for counsel to provide a written argument of no more than 5 pages. []

[233 Cal.Rptr.3d 858]

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