5DCA Oral Argument - 2026/04/16 - Apr 16, 2026
argument5DCA Oral Argument - 2026/04/16
California Fifth District Court of Appeal
7h 33m
8 chapters
transcribed 9 days ago
official recording ↗
Transcript
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What case is being called and who appears pro se?
Mm-hmm.
Um
Yeah.
Yeah.
Oh
What's my
Oh Uh Mm-hmm.
Oh Yeah. Oh
And at this time, the court will call case number F089962. This is the matter of Jill and Gilbert Ogden. And Mr. Ogden, you're present representing yourself. Correct. Very good. And um Ms. Ogden is um no brief was filed by um Ms. Ogden. So uh this is your opportunity, Mr. Ogden, to uh tell us your position in the case. We are very familiar with the fact. facts of your case and um you may proceed.
Good morning, your honors. May it please the court. My name is Gilbert Lawrence Ogden. Appearing in propia persona in case number F zero eight nine nine six two. Today I stand before the court holding in my hand the original ink signed notarized transmutation contract dated august sixth, twenty sixteen. Exhibit A CT twenty one line one appendix zero point five. This is the document. that validly and legally changed the e trade securities account originally and briefly held jointly during the marriage, to my sole and separate property. I respectfully ask this court. To reverse. The trial courts june second Твоні тва. Tentative decision. And confirm the e trade account. As my sole and separate property.
They air prejudice my property rights and require a reversal and remand. one background facts. Before our marriage in nineteen ninety four, I opened an individual share builder brokerage account in my name only. This account that account was later purchased by Orange Broker, then Capital One, which merged with eTrade Brokerage. I alone funded and managed the account the entire time. During one of the corporate mergers. An incorrect box was inadvertently selected, causing the account to be listed as joint. When the air was discovered I contracted E trade slash capital one legal. Their legal staff advised that because we were married. Both parties would need to sign a notarized contract to restore the account.
to my individual Ownership as my soul. and separate property. Jill Ann Ogden expressly agreed. She knew I had made every single investment transaction. And the account. After several conversations, the We both drove willfully in separate cars to the notary in Turlock, California on august sixth, twenty sixteen. We sat together. carefully read the entire agreement. And both signed the original Inc signed a notarized transmutation contract in the presence of two notaries. In that agreement Exhibit A She voluntarily relinquished all right. Title and interest in said securities. And our monies. Furthermore, It stated that she inver irrevocably released and dischar discharged me of any claims by me or my legal representatives with reference thereto
including and disposition thereof of such property. The account was then redesignated from joint to individual. Ownership in my name only. Again, exhibit A. Count owner, Gilbert. Ogden. She later admitted under oath that That she signed the agreement voluntarily. CT twenty five line nineteen. There is no Evidence. Of coercion. Dress or fried. And the agreement was never revoked. The notary's seal further confirms its authenticity evidence code fourteen fifty one. Part two. The trial court committed three reversible errors. The trial court's june second, twenty twenty five tentative decision contains three fundamental reversible errors. First. The court ruled the tw twenty sixteen agreement invalid. Because it did not use the exact magical words community property and quote separate property.
That was clear legal air. Family Code Section eight fifty A authorizes spouses to transmute community property to separate property through a written agreement. Rebutting the community presumption of Family Code seven sixty. And the joint title presumption of Family Code twenty five eighty one. Section eight fifty two A of the Family Code. A requires only one. A writing two signed by the adversely affected spouse and three signed. an express declaration of changed property character. This has been confirmed in the Estate of MacDonald case nineteen ninety, which made clear that no particular magic words such as community or separate property are required.
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Chapters
8 chapters
1
What case is being called and who appears pro se?
1:14–24:05
2
How does Mr. Ogden present Exhibit A and argue that the e‑trade account should be his separate property?
24:05–49:02
3
What procedural issues are discussed regarding the order of the main appeal, cross‑appeal, and time allocations?
49:02–1:37:09
4
Why does the appellant claim the trial court erred on class certification, the referee appointment, and the use of statistical evidence?
1:37:09–1:46:07
5
How do affirmative defenses affect the appropriateness of class certification?
1:46:07–2:05:42
6
What arguments are raised in the cross‑appeal regarding restitution for exempt class members?
2:05:42–4:50:40
7
What factors determine a knowing and intelligent waiver of a jury trial?
4:50:40–5:08:21
8
How does the Pravet doctrine apply to employer liability for unsafe excavation sites?
5:08:21–7:32:52