1DCA Division 3 Oral Argument - 2025/10/22 - Oct 22, 2025
argument1DCA Division 3 Oral Argument - 2025/10/22
California First District Court of Appeal
41 min
8 chapters
transcribed 6 days ago
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What is the procedural background and who are the parties in the consolidated matter?
Mr. T. So Good morning and welcome to Vision Three's uh All Argument and thank you all for being here. Uh let's start with our first line, the consolidated matter of Uh A one seven zero six two one Golden Global Enterprises versus Underco uh with A one seven zero seven one six Underco versus Wilson. So for the record, I'd like to note that Justices Joanna Petru and Victor Rodriguez are on both panels for this morning. Uh Counsel, would you kindly announce your appearances?
Yes, uh George P. Eshew, I'm the attorney on behalf of Mr. Uh Wilson and also the other two entities. And You know, this case Um
let's let other counsels announce their appearance. Good morning, Dominic Signorati for Timothy On Derico. Okay, good morning. So before you start, Council, we have ten minutes uh marked for this case. Would you like to reserve some time for rebuttal?
Yes, I would. I'll try to be quick because this issue is very, very important. And the reason I had everybody come in and I came in to argue is this uh in sixty years of practice I've hardly ever seen a situation Where the wrong party Is in an arbitration and a decision against the wrong party is made by the arbitrator. So
so count counsel, just before you Proceed. Uh I just want to make sure I understand kind of how how much time you'd like to have for rebuttal. Because we we do keep time here.
Well, I I'll try to c I'll try to keep four or five minutes for rebuttal.
Okay, thank you.
First of all, this is a subject matter jurisdiction issue, not a personal jurisdiction issue. There's no question that the MOU had a provision where Donald Wilson had a duty and he pr he had to come up with up to a million five hundred thousand dollars.
So counsel in your decades of experience that you were just talking about, do the parties usually participate in the proceeding the entire time without saying, hey, you've named the wrong party and do it all the way until completion and then only at the end say, oh
Sorry I lost, but I was the wrong part of the thing. Well he did mention it. If you look at his answer to the arbitration, specifically in the answer to the arbitration, he raises the issue that the issue is between the members of the L L C Also The Playing here from uh the pet b applicant and this uh the respond who's a responder citation to the record
you have a citation to the record for what portion of the answer you would like us to review for your statement that this issue was raised in the answer?
Yeah, the first paragraph of the answer is right in the answer where he says that uh he mentions the fact that uh the the members are the parties that are part of the uh dispute. Also, it's clear Mr. Andrico and his attorney never raised that issue. They just w went ahead and filed against Mr. Wilson. Why they did that, I don't know. But that's an error on their part. The arbitrator specifically says that this is a dispute involving the memorandum of understanding and that's that paragraph. All he has to do is read it and he knows it requires a dispute between the members.
Council, how do you explain um the fact that Mr Wilson uh signed the MOU? Um in a it it looks like in his p personal capacity.
No problem with that at all. The reason he does that is because the MOU requires him to come up with uh up almost a million five hundred thousand dollars. That is one of the provisions and that's that's why he signs it. He signs it because he has an obligation. His obligation is to come up with money. But he's not the member. The MOU the very first paragraph specifies who the buyers are and who the members are. And you know this issue was already before the court for a long time. In the action involving the Declaratory Relief Action, it was clear. In that action, interesting enough, Mr Andrico never claimed in that action that the dispute was between Mr Wilson and him. They all everybody knew that the dispute was between the members.
That's where all there was.
How does counsel argue that the case is a subject‑matter jurisdiction issue, not personal jurisdiction?
And what what we have here is subject matter jurisdiction. You can't waive that. The law is very clear. There is no labor of subject matter jurisdiction anywhere.
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Chapters
8 chapters
1
What is the procedural background and who are the parties in the consolidated matter?
0:18–4:53
2
How does counsel argue that the case is a subject‑matter jurisdiction issue, not personal jurisdiction?
4:53–9:29
3
Why does the appellant claim the arbitrator decided against the wrong party?
9:29–14:16
4
What does the Memorandum of Understanding say about who the members and buyers are?
14:16–17:45
5
How is the child‑support award’s retroactivity being contested?
17:45–24:10
6
What legal authority governs retroactive modification of support orders?
24:10–29:52
7
Why are sanctions being sought against the appellant’s brief?
29:52–36:23
8
What are the final rulings and next steps after the oral argument?
36:23–41:37
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