1DCA Division 3 Oral Argument - 2025/12/10 - Dec 10, 2025
argument1DCA Division 3 Oral Argument - 2025/12/10
California First District Court of Appeal
1h 48m
8 chapters
transcribed 7 days ago
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Transcript
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What procedural issues does the court address at the start of the oral argument?
Corbin Bills in California, first of all, is now session. The Honorable Allison M. Tucker presiding.
Good morning. Welcome. Please be seated. I'm glad some of you brought your coats. Here's we it's chilly. Don't have the heating working in this beautiful courtroom. Uh but we do have a busy calendar and lots of things to discuss. So just let everybody know that we um We have a panel change later in the morning. Joining me right now on the bench are my colleagues, Justice Yoanna Petru. and Justice Victor Rodriguez. Uh we have all read the briefing and materials in your cases, so please do emphasize whatever points you think are most useful. In the first several we have issued tentative opinions, but if you are here on a case that did not have a tentative, don't worry, that doesn't mean you missed something.
We don't do it in every case. Uh line one is the matter of J. Martin Rosenquist versus Scott Maybury. May I have appearances please? And when you announce yourself, please do come to the podium just because that's the only way that people listening remotely will hear.
Um hi, I'm Robert McMartin Rosenquist, appellant proper.
Good morning. Thank you. Good morning. Thank you.
May I please the court good morning, Ryan Thomas, on behalf of the trustees Scott Mayberry of the Bowman and Company Trust and Beverly Barber of the Gail Bowman Trust.
All right, thank you very much. Um Mr. Martin Rosenquist, the matter's down for ten minutes. Would you like to reserve some of that time for rebuttal? So you have ten you have ten minutes and if you'd like you can say, Yes, I'll save three minutes for rebuttal, then after seven minutes I'll ask you to sit down and after we hear from your opponent you can You can then have the last three minutes. I just pick those numbers randomly. Sometimes people save a little more or a little less.
I think I'll make my arguments and reserve whatever.
Okay, good. Thank you. Please come to the microphone. We'll just set the timer for ten minutes and see how far you get.
Okay. Good morning, Your Honors. Good morning. Um before I address the merits, I must note that my co appellant Jay Uh McMartin Rosenquist is uh relying on the briefs and is not arguing today. It's just me. That said, the primary jurisdictional defect applies to everyone. The trial court granted a ghost motion, an application that was rejected by the clerk. Never entered into the file. The nature of the defect was known only to respondents. It is impossible to object to a jurisdictional defect that is concealed from the record. I have five points regarding why this order is void. First, regarding the motion to augment I maintain my objection that rejected filings are not filed or lodged and not part of the record.
Respondents submit that the clerk rejected these papers due to an apparent court error, but that conclusion rests on an attorney's speculation. Mr Thomas had no personal knowledge of how the papers were filed or rejected. We submit that user error is the legal presumption here. California rule of court two point two five nine A four is explicit. There is no presumption that the court received and filed the document. without uh confirmation of filing. The electronic filer is responsible for verifying that the court received and filed any document um that was submitted to the court electronically. Respondents had a statutory duty to verify the acceptance, they failed to do so, and without a valid filing, there was no motion pending before the court.
Second, I want to address the actual notice fallacy. The respondent's supplemental brief implies that I was adequately noticed and served. I vigorously dispute that. If the augmentation is granted I would ask the court to direct its attention to the proof of service. It lists service only to attorneys. for petitioner J. McMartin Rosenquist and omits me and it omits AK, the other unrepresented beneficiary entirely. This is a violation of the rule of court one point two one, which states that a proof of service must state the Which party or parties each of the attorneys served as representing?
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Chapters
8 chapters
1
What procedural issues does the court address at the start of the oral argument?
0:08–13:27
2
How does the appellant argue the jurisdictional defect and void order?
13:27–27:31
3
Why is proper service of notice critical to the appellant’s case?
27:31–39:41
4
What conflict of interest issues arise between the co‑appellants and their attorneys?
39:41–53:22
5
How does the appellant address the forfeiture argument and alleged prejudice?
53:22–1:06:21
6
When and how can a party invoke the EFAA election in this case?
1:06:21–1:18:25
7
Why does the appellant claim the loan terms are unconscionable and excessively profitable?
1:18:25–1:34:07
8
What final points does each side make before the matter is submitted?
1:34:07–1:48:02
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