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Civil Litigation

Jan. 17, 2023

'Credibility not a fair hearing issue,' judge says

"It's an evidence issue. It's about whether the evidence supports the findings and whether the findings support the decision. So the credibility is an issue in these proceedings. But it's not a fair hearing issue," Los Angeles Judge Mitchell L. Beckloff told attorneys for a rendering plant seeking to augment the record with evidence a witness was coached by an agency's attorneys during a regulatory hearing.

Attorneys for a rendering plant sought to persuade a Los Angeles judge on Friday to augment the record with evidence that they say will prove their client did not get a fair hearing from government regulators.

In a hearing on the motion, Alene M. Taber, counsel with Hanson Bridget LLP, argued that digital discussion between the South Coast Air Quality Management District attorneys and the regulator's inspector, in the midst of his testimon...

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