5DCA Oral Argument - 2026/06/11 - Jun 11, 2026
argument5DCA Oral Argument - 2026/06/11
California Fifth District Court of Appeal
1h 7m
8 chapters
transcribed 9 days ago
official recording ↗
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What are the procedural issues raised by David Allen in his appeal?
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This time the court will call case number F089260. This is the matter of David Allen and the State Department of State Hospitals et al. And Mr. Allen, you're present representing yourself, appearing by videoconference, correct?
Yes, Your Honor.
Very well, thank you. And Mr. Lin?
having my computer verbalize my statements, which takes a little longer. Thank you for your patience.
Well, thank you very much. And Mr. Allen, you've asked for 15 minutes. We are very familiar with your case. Would you like me to tell you when you have five minutes remaining for rebuttal?
Yes, Your Honor.
Very well. And you may proceed.
Thank you, Your Honor. Thank you for the opportunity to
One is independent of the trial court, and the other is for the abuse of discretion. I believe that I have alleged a legally cognizable cause of action. In the opening brief, I defer facts that support a cause of action for each cause of action. I'm sorry, Your Honor,
I'm kind of nervous. You're doing fine, no problem.
Recently, I received information, new information, that in regards to the second cause of action that was alleged, the respondents had put forth facts that, as part of the voluntary turn-in program, that returning the property
or having property sent out would be at their expense. Just recently, on May 27th or 29th, I received information that that is not the case and that they have misrepresented it as part of the condition for search.
That now it's at my expense to send any property out that I'm no longer able to have. I had presented this to this court, and the court denied that request.
The court's denial of leave was concluded in error. I mean, the factual allegations in The opening brief, taken as true, are sufficient to provide the new mirror. The allegations are specific, detailed, and supported by exhibits. I also support that it has submitted to the court a first and a second request for judicial notice, in which the court stated they would not decide that until they decided the merits of the case. These factual disputes. very well
thank you and do you have a little over 12 minutes remaining mr. lean
error because the trial court had already sustained defendant's demur to the Operative Fifth amended complaint without leave to amend, and the resulting judgment was based on the sustaining of the demur.
Second, Mr. Allen fails to carry his burden of proof because he did not include a summary facts
Third, Mr. Allen failed to submit his proposed sixth amended complaint to the trial court for its consideration, and he failed to state how the proposed amendment would overcome the defects of the operated complaint.
Fourth, and finally, Mr. Allen would not be able to state a viable cause of action
Let
me
also address a few
The court should not take judicial notice if it should not consider Mr. Allen's sixth amended complaint, the Cantu case, at Page 800.
Mr. Allen failed to explain how his proposed amended complaint cures the existing defects. It is not enough for him to say on pages 9 and 10 of his supplemental opening brief that, quote,
he cannot then simply tender the proposed complaint.
As an additional argument, Mr. Allen has alleged that criminal prisoners at county jails, state prisons, or on parole have greater access to electronic devices with internet capacities than patients at DSH.
The fact that criminal prisoners at other facilities may have some limited access to
civil detainees to more restrictive conditions than criminal counterparts at the same facility is punishment and prohibited.
How does Mr. Allen argue the trial court erred on the fifth amended complaint?
However, the prohibition does not apply here because the civil detainees are not being compared to criminal inmates housed at the same facility, but rather to prisoners in county jail and state prison.
of child pornography and over-intimidation of minors. DSH Coalingo had an epidemic of sexually violent predators and pre-trial SVBs possessing and distributing child pornography using electronic devices, which resulted in numerous arrests.
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Chapters
8 chapters
1
What are the procedural issues raised by David Allen in his appeal?
1:32–26:03
2
How does Mr. Allen argue the trial court erred on the fifth amended complaint?
26:03–34:21
3
What factual disputes does George Richardson present about his medical care?
34:21–39:26
4
Why does Mr. Richardson claim the trial court denied his request to amend the complaint?
39:26–43:31
5
What are the key arguments in People v. Joe Samuel Hernandez regarding pre‑meditation?
43:31–49:34
6
How does counsel apply the Anderson test to the Hernandez shooting?
49:34–54:24
7
What evidence is presented about motive and planning in the Hernandez case?
54:24–59:51
8
What conclusions does the appellate panel reach on the Hernandez appeal?
59:51–1:05:26