5DCA Oral Argument - 2025/09/23 - Sep 23, 2025
argument5DCA Oral Argument - 2025/09/23
California Fifth District Court of Appeal
1h 50m
8 chapters
transcribed 8 days ago
official recording ↗
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What case is being called and who are the parties involved?
Thank you.
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Bye.
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Thank you.
We'll call our first case set for today, case ending number 81204. If I could get the appearances in Maria Mandy Walsh versus John Walsh. Your name?
I'm John Walsh.
Very good.
Peggy Reimer.
Good morning,
or
afternoon, excuse me.
Your Honor, Dan Harrelson on behalf of the respondent. And if I may, Your Honor, may I request my client join me at council table or no? No. Okay,
thank you. Excuse me, request what?
He wanted to know if his client could sit at the table with him. And in the Court of Appeal, we don't usually do that.
And I wanted to mention about Guy Hutchins. He's fighting cancer. He can't come down. He's on chemotherapy that doesn't allow him to drive, and his feet are all swollen. And I asked him to send me a letter, but he was unable to do that so far. Very sick.
OK, I appreciate you bringing that to our attention, Mr. Walsh. And I was going to discuss that next. We have not received any phone calls from Mr. Hutchings advising the court of his condition. We checked all the court records, including the request for oral argument, and he did not include a phone number that we could call him. So we have no notice of that. So what we're going to do on our own motion is unconsolidate Mr. Hutchings' case from the other cases here today and proceed with oral argument as scheduled under the schedules and orders that we've previously sent out. And so Mr. Hutchings' cases F081206 and F081288 will be unconsolidated from the remaining cases They were consolidated on the court's own motion because there were numerous individual appeals and cross-appeals filed.
So we did that on our own motion. And we were going to do that today to unconsolidate those so the parties can proceed today as scheduled.
Have you read my motion? Yes, I'm going to get to that right
now. Yesterday we received and filed a change of venue and transfer of these cases today that was filed by Ms. Reimer and joined in by Mr. Wash. We also received a request for judicial notice filed by Ms. Reimer and joined in by Mr. Walsh. For purposes of the pending appeals, which we are hearing today, the request for judicial notice is untimely and for that reason will be denied for the purposes of these appeals we're hearing today. However, for the limited purpose of the motions to compel a change of venue or transfer, the request for judicial notice is granted. Yesterday's motion filed by Ms. Reimer and Mr. Walsh are similar to the previous requests by Mr. Walsh that were denied by this court on August 29, 2015.
For the same reasons, we are denying the motion to change venue and transfer that was filed yesterday.
You filed a bunch of documents, a stack of documents, and you asked that we take judicial notice of those. And we are taking judicial notice of those documents for the purpose only of considering your motion to transfer. And so in light of those records, we've considered everything and we've denied it, basically for the same reasons we denied Mr. Walsh's motion last month.
can i ask for a continuance so i can file a written mandate petition
no you can't ask but it'll be denied okay
well yeah and um and uh i'm going to also file for commit uh with the commission of judicial performance too
okay
okay um yeah so you're denying my request for continuance for today
yes Okay, so we're going to continue with the case ending number 81204. Mr. Harrelson, you've asked for 30 minutes.
I did, Your Honor, but I don't anticipate needing much time at all.
Okay. And you are the respondent in that matter. Mr. Walsh, you've been allocated 20 minutes for your arguments. Would you like to reserve some of that time for rebuttal?
Yes. At least I'd like to actually give her five minutes of my time if possible.
How much time would you like to reserve? Five minutes? Ten
minutes? No, ten.
Okay. And Ms. Reimer, you've been allocated ten minutes. Would you like to reserve some of that time to rebut Mr. Harrelson's?
Yeah. I'd like to reserve seven minutes. Okay. Ten.
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Chapters
8 chapters
1
What case is being called and who are the parties involved?
3:29–39:58
2
How does the court handle the appearance and reservation of time for counsel?
39:58–48:43
3
Why did the court decide to unconsolidate Mr. Hutchings’ cases?
48:43–55:46
4
What arguments are made about the alleged fraud in the settlement agreement?
55:46–1:03:38
5
How are the issues of transcript costs and judicial notice addressed?
1:03:38–1:21:33
6
What is the dispute over the cross‑complaint and its prejudice status?
1:21:33–1:31:11
7
Why do the parties claim an abuse of discretion on the court’s rulings?
1:31:11–1:37:37
8
What are the final requests and conclusions before the case is submitted?
1:37:37–1:50:16