# Penasquitos Village, Inc., Penasquitos Gardens, Inc., Penasquitos Hills, Inc., and San Diego Leisure Life Village v. National Labor Relations Board

> Court of Appeals for the Ninth Circuit · November 30, 1977 · 565 F.2d 1074

URL: https://www.frixlaw.com/law-library/cases/9464292

## Case

- **Full name:** PENASQUITOS VILLAGE, INC., Penasquitos Gardens, Inc., Penasquitos Hills, Inc., and San Diego Leisure Life Village, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** November 30, 1977
- **Citations:** 565 F.2d 1074; 97 L.R.R.M. (BNA) 2244; 1977 U.S. App. LEXIS 5836
- **Precedential status:** Published
- **Opinion:** Concurrence by Choy
- **Judges:** Choy, Duniway, Wallace
- **Cited by:** 144 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9464292

## How later opinions describe it (automated extraction)

- noting that we give the ALJ's determination of credibility significant weight "for the obvious reason that he or she 'sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records' "
- recognizing that “[t]he substantial evidence standard is not modified in any way when the Board and its examiner disagree”
- discussing NLRB v. Universal Camera Corp., 190 F.2d 429, 432 (2d Cir.) (Frank, J., concurring), on remand from 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951)

## Opinion text

CHOY, Circuit Judge
(concurring):
I concur in the results reached by Judge Wallace in both parts II A and II B.
However, I share the concern that Judge Duniway feels about Judge Wallace’s treatment of demeanor evidence and testimonial inferences. I, therefore, concur in Judge Duniway’s eloquent exposition of his reservations contained in part I of his concurring and dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9464292. Public record. Not legal advice.