5DCA Oral Argument - 2026/02/10 - Feb 10, 2026
argument5DCA Oral Argument - 2026/02/10
California Fifth District Court of Appeal
1h 45m
8 chapters
transcribed 8 days ago
official recording ↗
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What procedural steps does the court follow at the start of an oral argument?
Thank you.
Thank you.
Thank you.
Thank you.
And please be seated, and welcome to our court. At this time, the court will call case number F088140, the people versus Nicholas Galindo. Counsel, if you could please state your appearances for the record.
Good afternoon, Justice. Jeremy Dobbins appearing for appellant, Nicholas Galindo.
at the attorney general's office to respond. Thank you both very much. We are very familiar with the facts and circumstances of your case. And Mr. Dobbins, if you'd like to approach the podium there. And you've asked for 15 minutes. Would you like me to tell you when you have five minutes remaining?
That'd be fine, Judge. I hopefully won't take it all, but I'd appreciate it. OK. You may proceed. Thank you. May it please the court. Your Honor, the most troubling thing about this case is that from the very beginning, the appellant, Nicholas, testified that he was set up, that his ex-wife conspired with her daughter and another young lady to make allegations against him. And our goal in trial was to bring evidence through testimony, which was really the only evidence available, to make a case and to demonstrate what Nick was talking about. And he never got a chance to do that. And I know that the briefing was substantial, and so I won't regurgitate what you already have. But I want to pick out the key points that I really hope that each of the justices will take time to review and consider.
And the first is the prior accusations from Lesperanza Doe. There was one against her father that was made when she was very young. And the testimony was that her mother instigated this. And there's a police report that shows that the daughter, as young as she was, made comments to law enforcement about that. There was a second time where she made comments. Well, the only evidence we have really was over the pretext call. And Mr. Galindo had asked her, and I'll just quote, yeah, when there was another one where we were saying that one of, or her as in his ex-wife, her other boyfriends had did that to you. But I don't know how true that was. And her response was, there was never a report about that. It was a report of when I was at my father's house, when I was in his possession, that someone was molesting me.
But when I got older, I'm saying that you did it to me.
But Elle did not make the accusation when she was a three-year-old child. It was Elle's mother. Isn't that
correct? It was Elle's mother. But in the investigation, and it shows in the report from law enforcement, which was a social worker that interviewed her, that she actually, they quoted her. And she told them that her father had touched her inappropriately. And it's quoted in the brief. And so that did come from her. As young as she was, it did come from her mouth. The second one, we tried to bring that out in testimony. And that's one of the other issues that I'll come to, is that we had her biological father that wanted to come. Well, he didn't want to come, but he agreed to come and testify to the truth of his ex-wife, which was Nick Galindo's ex-wife also, that she had used their children in the past to manipulate him, to say things weren't true.
And one of those that he would testify to was these sexual allegations. And he was not able to testify. And that was one of the things I was hoping to make a point of, is that anybody can testify based on opinion evidence. And he wasn't allowed to make any comment towards that. We weren't allowed to cross-examine the L on that. then the pretext call itself, the pretext call itself. I mean, she was 17 years old at the time and it was a surprise call. And, you know, Nicholas's response was what I just read. And, And she had a very direct response, a very informed response about she knew what happened. We set subpoenas to the DA to find out where the record was for this. I mean, her father and Nick both said they talked to law enforcement.
We were never given a report. We had motions to compel. There was no report that was ever produced. And so that was always a mystery, but we knew that through testimony we could at least find out what her testimony was, but we weren't allowed to ask about it.
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Chapters
8 chapters
1
What procedural steps does the court follow at the start of an oral argument?
3:48–22:31
2
How does appellant Jeremy Dobbins frame the key issues in the Galindo case?
22:31–32:11
3
Why is the pre‑text phone call evidence contested and what does evidence code 356 require?
32:11–41:46
4
What arguments are made about the alleged “crooked” trailer parking and the dock‑plate mitigation?
41:46–52:16
5
How do the parties use precedent (e.g., Franklin v. Henry, Cook) to support their positions?
52:16–1:04:10
6
What are the procedural and substantive unconscionability claims surrounding the arbitration agreement?
1:04:10–1:16:58
7
Why does the appellant argue that the settlement agreement has expired and lacks jurisdiction?
1:16:58–1:37:04
8
What final relief does each side request and how does the court conclude the hearing?
1:37:04–1:43:48