Date: 201406
Local time of day: 0001-0600
Location: SCT.TRACON, CA
Flight conditions: VMC
Light: Daylight
Aircraft: Any Unknown or Unlisted Aircraft Manufacturer
Operating under: Part 91
Flight plan: IFR
Flight phase: Initial Climb
Airspace: Class E SCT
ATC / advisory: Center ZLA; TRACON SCT
Reporter function: Captain; Pilot Not Flying
Reporter qualification: Flight Crew Commercial; Flight Crew Flight Instructor; Flight Crew Instrument; Flight Crew Multiengine
Human factors: Communication Breakdown; Confusion; Situational Awareness; Training / Qualification; Troubleshooting
Anomaly: ATC Issue All Types; Conflict Airborne Conflict; Deviation - Altitude Undershoot; Deviation / Discrepancy - Procedural Clearance
Detector: Automation Aircraft TA
Result: Flight Crew Took Evasive Action
Contributing factors: Aircraft; Human Factors; Procedure
Primary problem: Human Factors

Narrative: I was Aircraft Commander of Aircraft X flying from RIV to CHS.  My co-pilot was flying and I was working the radios.  In addition; I had two current and qualified pilots in the additional crew member seats in the cockpit with me; both listening on the radio and monitoring our actions.  We took off from RIV via the SKYES 2 departure; Thermal transition.  After the SID's initial left turn and clearance up to 7;000 FT; we were switched to SoCal Departure frequency.Upon check-in with SoCal; the Controller cleared us to; 'Turn left 10 degrees; climb to 8;000; and direct Thermal when able.'  I read back the clearance over the radio while my co-pilot dialed the autopilot climb window to 8;000 FT and began the turn.  Shortly thereafter I heard a traffic call to an airliner in our opposite direction.  The airliner was cleared to 8;000 FT on descent.  I visually located the traffic and determined it would be a conflict.  I instructed my co-pilot to stop our climb.  We were already passing through 7;000 FT; so she ballooned slightly above (to about 7;200 FT); but immediately descended back down to 7;000.  During this time we received a TA on our TCAS.As my co-pilot leveled off; I queried the ATC Controller.  I asked him to confirm that he had cleared us to 8;000 FT.  He immediately became hostile and told us that he had instructed us to maintain 7;000 as he had other traffic at 8;000.  I confirmed with the other 3 pilots in the cockpit and they all agreed that the Controller had in fact cleared us to 8;000 and furthermore that's what I had read back over the radio.  The Controller continued to be hostile toward us over the radio as the airliner passed by overhead.  I told the Controller to 'check the tapes' to confirm his mistake.  Shortly following the incident we were cleared to LA Center and continued our flight with no further issues. This incident happened on a clear; VMC day and fortunately I was able to visually identify the conflicting traffic as a hazard.  The Controller cleared us to an altitude coincidental with descending traffic in our flight path.  Had my crew not exercised good judgment; there very well could have been a deadly accident.  The Controller exacerbated the problem by being hostile and refusing to admit error instead of simply controlling the aircraft safely.  Hopefully this report aids in identifying the problem and allowing for a safe resolution of any contributing factors.




Synopsis: Pilot hears traffic call that is actually his plane and notices other aircraft is at the altitude he is climbing to.  Pilot decides to level aircraft 1;000 FT below assigned altitude and questions ATC.  ATC instructs aircraft to maintain 1;000 FT lower from previous instruction.