5DCA Oral Argument - 2025/12/10 - Dec 10, 2025
argument5DCA Oral Argument - 2025/12/10
California Fifth District Court of Appeal
6h 11m
8 chapters
transcribed 1 day ago
official recording ↗
Transcript
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What procedural steps are taken at the beginning of the oral argument?
Come on.
Well
Mm-hmm.
Oh
Oh.
Oh
Yeah.
Morning, please be seen.
We'll call our first case from Merrow versus the county of Kern. Our case ending number zero eight eight three two two two two two two two two two two five. If I could have the appearances of the parties.
Uh good morning, Andrew Pletcher on behalf of uh Appellant.
Morning.
Good morning, Andrew Hamilton, Deputy County Council on behalf of the County of Kern.
Very good. Mr. Pletcher, you've requested fifteen minutes. Is that correct? Yes, sir. Would you like to reserve some time for rebuttal?
Um may I have uh four minutes for rebuttal?
Certainly. And Mr. Hamilton, you requested fifteen minutes. Correct?
Yes.
Very good. Thank you. Um Court is familiar with your papers and the pleas in this matter, so please keep that in mind during your argument and with that you can proceed, Mr. Pletcher.
Uh thank you, Your Honor, may please the court. Um this case asks whether the process outlined in Kern County's Civil Service Rule seventeen hundred provides an administrative remedy for Romero's my client's whistleblower retaliation claims under eleven oh two point five, six three three three three three three one oh and nineteen uh ninety eight point six. Our position is that it does not. Rule seventeen hundred at its core is a disciplinary appeal procedure, not an administrative process by which uh the Civil Service Commission can resolve consider and resolve whistleblower retaliation complaints. As written, uh rule seventeen hundred allows the Commission to only affirm, revoke, or modify the order of dismissal, suspension, or reduction.
І ти знас. for the submission evaluation and a resolution of whistleblower compliance. And for this reason, Apollo contends that an exception to the exhaustion applies, by which it would excuse him from uh going through the process outlined in Rule seventeen hundred. As we highlighted uh in our brief, but it's worth reiterating here in the plant plantier case, the California Supreme Court defined this exception as whether the mechan there is a clearly defined machinery for the submission, evaluation, or resolution of complaints by agreed parties. As part of our briefing, we highlighted some examples which we feel would be a sufficient uh process for evaluation and consideration of whistleblower complaints.
Those included uh the case in Campbell, um the case in Terrace versus Santa Barbara. And we did highlight uh rule eighteen, I believe it's eighteen twenty, in the counties um in the county civil service rules that regard uh discrimination and harassment complaints. Finally, I just want to highlight that You know, our position is bolstered, we believe, by not only the public policy behind Labor Code, the you know, the Labor Code whistleblower retaliation complaints and that The public policy is that you want individuals who work in the government and individual employees to be able to have a form in which they can step up and point out wrongdoing and raise complaints of uh unlawful acts without being retaliated.
uh this process under Rule seventeen hundred doesn't create a mechanism to do so because it requires uh an individual employee then to uh essentially be fired um before they can even raise a complaint of whistleblow retaliation or bring it to the court. Uh finally, the exhaustion doctrine purposes highlighted in the Plantier case are not satisfied uh if my client is supposed to go through the Rule seventeen hundred process. And I want to highlight that the court points out two aspects in in the Plantier case that Policy considerations related to administrative autonomy and judicial efficiency. Focusing in on the judicial efficiency aspects of it. The court highlights that the goal of the administrative process is to develop an adequate record for consideration by the courts.
Rule seventeen hundred does not allow for a factual record to be developed. Uh it stated purpose uh is not to create an evidentiary record. Uh it doesn't require findings as to the merit of the complaint, and doesn't require the Commission to recommend any remedies or do anything with a claim of whistleblower retaliation.
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Chapters
8 chapters
1
What procedural steps are taken at the beginning of the oral argument?
0:38–32:58
2
How does counsel for the appellant argue that Rule 1700 does not provide an administrative remedy for whistle‑blower retaliation claims?
32:58–59:45
3
Why does the city’s traffic‑control plan for the Christmas‑Tree‑Lane event create a dangerous condition on public property?
59:45–1:31:39
4
What issues arise when the court considers whether the order is appealable under Penal Code § 11 7 2.1?
1:31:39–3:25:42
5
What case is being opened and what are the initial appearances?
3:25:42–4:54:55
6
How do the parties argue about the settlement agreement, the drainage provision, and the alleged added terms?
4:54:55–5:15:38
7
What are the opening arguments in the People v. William Lee murder appeal?
5:15:38–5:38:55
8
How does the court conclude the arguments and move to the next case?
5:38:55–6:07:52