1DCA Division 3 Oral Argument - 2026/03/25 - Mar 25, 2026
argument1DCA Division 3 Oral Argument - 2026/03/25
California First District Court of Appeal
57 min
8 chapters
transcribed 1 month ago
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What opening remarks and panel introductions set the stage for the oral argument?
Morning. Welcome. Please be seated.
As you see, with me on the bench this morning are my colleagues Justice Joanna Petra and Justice Victor Rodriguez. We will after the first case have a panel change. But with that, let's get right into line one, which is the matter of Martin Millick versus Paul Millick. May I have appearances please?
Uh May it please the court. My name is Paul Millick and I'm the appellant. Recording in progress.
You know what? We interrupted you. Sorry. Would you come to the microphone so that everybody can hear what you have to say? Of course.
Good morning, Your Honors. Irene Lee on behalf of Plaintive Cross Defendant and Respondent Martin Millick.
All right, welcome to both of you. Um Mr. Millick, the matter's down for fifteen minutes. Would you like to reserve some of that time for rebuttal?
I'd like to reserve uh half that time for rebuttal, please.
Okay. We'll try to help you keep track of time. The microphone is yours.
Thank you, Your Honors. Uh at page thirty one, the tentative disposition. instructs the trial court to recalculate prejudgment interest using the date of the remitter, which is july twenty seventh, twenty seventeen.
How are the parties’ appearances and time allocations requested at the start of the case?
The start date is clear. However, the tentative does not say which damages are subject to prejudged interest. The judgment includes three distinct types of damages. And I don't think the court intends that all of them are subject to prejudgment interest. Now the three types of damages in the judgment are Number one. The timber trespass damages. from the two thousand fifteen judgment. Number two. the general trespass damages that were not retried but were reinstated in two thousand and eighteen. after the motion to limit the retrial. Those are the road repair damages. And three. the general trespass damages that were retried in two thousand twenty one. which are the survey damages and the fence construction damages.
Now The timber trespass damages are the only damages discussed in the tentative. in the context of when they became certain for purposes of prejudgment interest. The reasoning is clear. The amount of timber trespass damages Was uncertain. Until this court's decision on the previous appeal. And the remititor. would be the correct start date for prejudged interest. On those damages. Now The general trespass damages that were reinstated on the motion to limit retrial in two thousand and eighteen. are not discussed in the context of when they became certain. For purposes of prejudged interest.
Was any prejudgement interest awarded on those damages?
Uh it It's a little bit unclear uh in the judgment, but it the judgment does I think award prejudged interest on those damages. And uh It was appealed by me. So At page six in the tentative. under the heading of subsequent trial court rulings on remand. General trespass damages related to to the road repair is listed as an issue that was resolved after the motion to limit the new trial. Now, characterizing the road damages as resolved after the motion sounds like the court is saying that the damages were made certain after the motion. Resolved and made certain seem to be saying the same thing. But the tentative does not use the language from the statute. And the court's intent is not entirely clear. Now The tentative
also doesn't discuss damages on retried portions of the trespass cause of action in the context of when they became certain.
What clarification does the appellant seek regarding which damages attract prejudgment interest?
It seems clear those damages were not certain until the two thousand twenty four judgment. But the tentative doesn't say that either. Uh Warren V. Kia. says that if a component of a damage claim is uncertain Total damages. the purposes of prejudged interest. Sight. Excuse me. Uh the citation is thirty Calap five, page forty five.
Mr. Millick Mr. Mellon, can I also uh try to figure out what you would like us to do? Are you asking for us just to clarify that we are only addressing prejudgment interests with regard to the first of those three categories of Damages?
Uh I'm asking you to to well uh to clarify that prejudged interest shouldn't be awarded on retried portions of the timber trespass cause of action and that it probably shouldn't be a uh awarded on
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Chapters
8 chapters
1
What opening remarks and panel introductions set the stage for the oral argument?
0:20–1:51
2
How are the parties’ appearances and time allocations requested at the start of the case?
1:51–5:05
3
What clarification does the appellant seek regarding which damages attract prejudgment interest?
5:05–9:14
4
How are the timber‑trespass damages calculated and why are they considered certain?
9:14–22:12
5
Why does the court discuss whether damages should be doubled or tripled and how does that affect interest?
22:12–44:49
6
What arguments are made about mootness, jurisdictional defects, and collateral consequences?
44:49–49:03
7
What are the key issues in the second case (Mario Antonio Rinche v. Khalid Naceib) and how are they presented?
49:03–54:18
8
How does the third case (Jojit Obamos v. Marianne Obamos) begin and what central claims are raised?
54:18–57:49
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