1DCA Division 1 Oral Argument - 2026/09/01 - Sep 01, 2026

argument

1DCA Division 1 Oral Argument - 2026/09/01

California First District Court of Appeal 1h 18m 8 chapters transcribed 20 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What preliminary matter does the court address at the start of the session?

Justice Smiley 0:17

Uh good one, please be seated. And uh we're gonna thank you all for being here and being on time. We're gonna get started straight away. Uh but before we start our oral argument calendar, we're going to attend to a a preliminary matter, and that is in order to show cause that we have uh issued against a court reporter. Let me get my Mr. uh Aaron Ellington, is Mr. Ellington here? Uh could you come forward?

Justice Smiley 0:56

So thank you for being here this morning, Mr. Ellington. Now we've issued an order to show cause uh because we are getting increasingly concerned that these transcripts have not been filed in these two different cases, uh one of which the notice of appeal was filed. uh a year and three months ago and the other one the notice of appeal was filed in November of last year and the due date has long since passed for the transcripts in both of these cases. Uh do you have anything to say uh in response to our concerns about these delays?

Aaron Ellington 1:31

Um I I appreciate the concern. I've uh been off work. I I didn't realize it was a year. Uh I've been helping take care of my my two parents. Uh it's just been overwhelming. I've fallen behind. I haven't taken I haven't been reporting. I haven't taken any new matters, but I am behind on getting those transcripts out.

Justice Smiley 1:55

Okay, well uh Mr. Ellington, I mean one of the problems has been is that you've been uh uh you've been You've promised many, many times to the staff here that you're going to produce them and then you haven't produced them. So do you have anything else to say? And and I should mention the panel that's hearing this order is myself, Justice Banke, and Justice Smiley to my right. Uh Justice Langhorn Wilson on my far right is not participating in this proceeding, but she's gonna be participating in other cases this morning. So Uh the panel is us three. Uh And we're gonna go ahead and find, uh, Mr. Ellington, that uh you've unlawfully interfered with this court's uh appellate proceedings and we're going to order you to produce the transcripts by this Friday, and if you do not produce them by this Friday, you'll be sanctioned five hundred dollars and yet another order show cause will then be issued at that time.

Aaron Ellington 2:55

Yes, Your Honor.

Justice Smiley 2:56

Anything else for you to say?

Aaron Ellington 2:57

Uh could I just confirm the the the cases?

Justice Smiley 3:01

Yes, the two cases are uh Peterson versus Rankin. It is our number one seven five zero three three. Yes. And in that case, I believe there is uh there's only one transcript due? Yes. And it's only been it's been there's only been one due for a long time. The other case is Brown versus Permanente Medical Group, and that's our number uh A one seven three seven five seven. Uh in that case there are three transcripts too.

Aaron Ellington 3:31

Yes, Your Honor.

Justice Smiley 3:33

Okay, thank you. So we will uh be receiving those transcripts by Friday and we hope that that will conclude this matter.

Aaron Ellington 3:38

All right, thank you, Your Honor. Thank you.

Why did the court issue an order to show cause to Mr. Ellington for missing transcripts?

Justice Smiley 3:39

Thank you, Mr. Ellington. Okay, we're gonna now turn to our oral argument calendar and we're gonna begin with our first case and that is Gupta versus Batil, if the parties could come forward.

Justice Smiley 4:04

Uh and if I could get well, give you you can have a chance to settle in, but then I'd like you to enter your appearance starting with the appellant.

Justice Smiley 4:20

And by that I just mean whoever the appellant is, please just identify yourself.

Gotham Patil 4:27

Good morning, Your Honors. Um Gotham, Partil, the Appellum represented.

Justice Smiley 4:32

Okay, very good. And for the respondent. Thank you, Mr. Cavalo. Okay, so we've issued a tentative opinion in this case and Mr. Patille you've requested permission to come in and talk about it. You're you're free to do that. Please take us take your place at the podium and you can tell us why you think that our tentative opinion is incorrect.

Gotham Patil 4:57

Thank you, Your Honor. Uh good morning, Your Honors. Uh there really two steps. Uh first was was the general property intended uh to secure the debt? And that question was never decided under the Coast Bank uh intent uh test. Even though But what was

Justice Smiley 5:16

what is wrong with the tentative opinions determination that the facts sh support the trial court's conclusion that the parties did not intend to create a security interest in the property?