5DCA Oral Argument - 2026/01/08 - Jan 08, 2026
argument5DCA Oral Argument - 2026/01/08
California Fifth District Court of Appeal
41 min
8 chapters
transcribed 7 days ago
official recording ↗
Transcript
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What opening remarks and appearances set the stage for the People v. MC oral argument?
Oh Yeah.
Oh
I'm looking at Well Mm-hmm. Yeah.
say nice to see everyone, but it's not a packed courtroom this morning, so nice to see you and nice to see counsel on the screen as well. Let's call the matter People versus MC. Please state your appearances.
Sengita Sinha on behalf of Appellant M C. Good morning, Your Honor. Good
morning.
Deputy Attorney General Jess go true, similarly for the people.
Thank you very much. Nice to have you both with us. Uh we are very familiar with the facts of this case and would just ask that you keep that in mind uh during your argument. I believe you've each requested fifteen minutes and did you wish to reserve some portion of that time? Yes, Your Honor, three minutes. Okay. We'll watch the clock. There's also a clock on the uh podium so you can watch it as well. And with that said, please proceed.
Thank you.
May it please the court and counsel. I'd like to to spend the bulk of my argument here on appellant's first argument, which is That we do not have legally recognized, cognizable transcripts for two hearings, one in September and one in October, where she was terminated from her DEJ. and made a ward of the court and certain conditions imposed. And the reason that we do not have legally cognizable transcripts is not due to an unforeseen or unpredictable error. Rather The reason is because the juvenile court through Standing Order twenty twenty four dash three.
How does appellant argue that the juvenile court’s lack of official transcripts violates statutory rights?
Мей в DIBRAT decision. to violate welfare and institutions code section six seven seven, which mandates transcripts prepared by official court reporters in juvenile proceedings. The fact that this violation was not malicious is irrelevant. The fact that it was based upon a court reporter shortage within the county is also not relevant. And what this court must decide is What is the remedy, if any? When a juvenile court deliberately violates a minor's statutory right to an official transcript and thus prohibits the minor from being able to pursue her appeal. And It is our position Yeah. David T. controls. And that this is per se prejudicial error. The remedy should be for this court to conditionally vacate the DEJ termination and subsequent wardship orders.
remand the matter to the juvenile court. For the determination of whether a settled record can be created. And if it cannot To permanently vacate those orders and pro se.
Well, as you know, there was a a electronic recording of the proceedings. And uh uh let's assume just for the sake of argument that we agree that the Mercedes standing order was i invalid or improper. What impact do the electronic recording uh transcripts have over the analysis?
They should have very little impact, except perhaps if this court were to remand, the parties could look to the electronic recording. Look at their notes and their memories, and the juvenile court could determine that that electronic recording is in fact a true, accurate, and complete record. But Is there
any question about that?
We don't know, Your Honor. We have no idea because all we have from the transcript is a certification from a court approved transcriber. that the transcript is correct to the best of her ability. We don't know this person's qualifications. There were no records that were disclosed by the Superior Court in connection with that. And we know that well, basically, she tried her best. That's somewhat insufficient.
Why does appellant claim the electronic recordings are insufficient as a substitute for official transcripts?
We do not have even a certification filed under penalty of perjury. As far as this court should be concerned, there is no transcript. There perhaps could be after a settled record. But there isn't one here. And I would draw this court's attention to government code section six hundred nine nine five seven, specifically the first sentence of subdivision A and the last sentence of subdivision A. The first sentence and I'll omits some of the language that isn't exactly necessary. It says if an official reporter is unavailable, the court may order that in a limited civil case or misdemeanor or infraction case Белектроники рекорд. And then the last sentence, which I think is
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Chapters
8 chapters
1
What opening remarks and appearances set the stage for the People v. MC oral argument?
2:33–16:16
2
How does appellant argue that the juvenile court’s lack of official transcripts violates statutory rights?
16:16–19:13
3
Why does appellant claim the electronic recordings are insufficient as a substitute for official transcripts?
19:13–21:45
4
What is appellant’s “harmless error” argument and the remedy they seek from the appellate court?
21:45–24:23
5
How does respondent counter that the missing transcripts constitute a harmless error?
24:23–26:52
6
What precedent does respondent cite to support the adequacy of the electronic record?
26:52–29:18
7
How does appellant’s second argument address the warrant‑less and electronic search conditions?
29:18–33:05
8
What concluding statements and next steps are outlined by the court and counsel?
33:05–37:26