1DCA Division 4 Oral Argument - 2026/03/10 - Mar 10, 2026
argument1DCA Division 4 Oral Argument - 2026/03/10
California First District Court of Appeal
2h 8m
8 chapters
transcribed 1 month ago
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What opening procedures and appearances are made at the beginning of the oral argument?
Good morning and please be seated.
So let's call the first batter on our calendar, which is Shin versus Aya Healthcare. And it looks like we have everyone in the courtroom this morning. Uh let's begin with appearances from appellance counsel first.
Okay. And so if I could have counsel for the appellant to come on up. And uh If you could begin by telling us how much, if any, of your fifteen minutes you'd like to reserve for rebuttal, that would be great.
I would like to reserve seven minutes for rebuttal.
Okay. You may
proceed. May it please the court, Don Willenberg, for appelling IA health care. This court should reverse the trial court's denial of arbitration for three main reasons. First, because the parties agreed that disputes arising out of or related to Shin's employment would go to an arbitrator. including questions about arbitrability. The trial court should have gone no further and this court needn't either.
When did you first raise that argument? Truly raise that as an argument, not simply mention what uh what you call the delegation clause.
Uh it stated several times in both the motion and the reply paper.
Tell me where in the motion. You raised the argument as opposed to just as I said mentioning it.
But I'm not sure what you mean by phrasing the argument other than the fact that we said here's the delegation clause and here's what it means.
But didn't you actually ask the trial court to weigh in on precisely the uh the issue that you're now saying should have been delegated. Meaning asking her to say there's no such thing as a paga claim without an individual aspect to it and that that should be compelled to arbitration?
Well that should be compelled to arbitration. That's part of what's in the arbitrability provision. That would be my third reason for for uh denying uh for reversing. Which is that even if This court decides uh Right. Even if Shin had the ability Plead. only representative and not any individual paga claims, that is also a question that should have gone to the arbitrator. Why? It's a claim that arises out of her. employment. Just like Oh she said, and it is also A a claim that uh relates to the interpretation or enforceability of the agreement, the specific language of the delegation clause, which is Very much like the delegation clause in Rent to Center a and Nixon. Um They both those those two also referred to interpretation and enforceability of the agreement.
And both those cases held. that that provision covered the decision of whether something was subject to the arbitration agreement and that the arbitrator got to decide arbitrability.
And again, when was that raised in the motion? That argument.
It was raised at pages a hundred and seventeen, a hundred and eighteen of the of of the uh appendix. That's in the motion. Two forty four to two forty seven in the reply. As discussed at oral argument So one
one seven is the introduction.
one one seven we even say it's important to note That.
It's important to note that the agreements specifically provide that the arbitrator shall have the authority to resolve all portions of the dispute, but in your argument. Where do you raise that? You should only decide that the delegation clause covers all of these disputes, and that's the only thing you should decide, Your Honor.
I don't know that we said something. That says that other than To places where I've already identified
it's important to note. Okay.
Um which seems like it's particularly calling it out. It's not it's it's not like it's in a footnote or or an aside. Um and the issue I I suppose from our perspective became sharper When we receive the opposition, which is why we address address it again in the reply. Um B scope of the arbitration clause seems so broad that it would inevitably cover all disputes, including arbitrability.
How do the parties argue whether the arbitration clause covers the “headless” PAGA claim?
um an parsing it out А there's really no function in the language of the agreement to parse out one from the other. А секунд резен да корт should reverse is that even if the court does not agree that the arbitrator should have determined this, it should reverse.
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Chapters
8 chapters
1
What opening procedures and appearances are made at the beginning of the oral argument?
0:15–5:06
2
How do the parties argue whether the arbitration clause covers the “headless” PAGA claim?
5:06–15:42
3
Why do the counsel discuss the Rodriguez case, demurrers, and amendment of the complaint?
15:42–32:24
4
What issues arise regarding the tender, Deutsche Bank’s role, and the remedy after the quiet‑title judgment?
32:24–1:06:26
5
What is Harris’s final argument about the quiet‑title judgment?
1:06:26–1:11:36
6
How do the parties define the scope of the remedy if only one reversal ground is accepted?
1:11:36–1:19:31
7
What issues are raised when the court moves to Edgecombe v. Powers?
1:19:31–1:29:14
8
Why does April Powers appear pro se and what does she claim about the trial court’s decision?
1:29:14–2:08:21
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