1DCA Division 5 Oral Argument - 2026/09/18 - Sep 18, 2026

argument

1DCA Division 5 Oral Argument - 2026/09/18

California First District Court of Appeal 2h 51m 8 chapters transcribed 2 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What happens at the opening of the oral argument and how are the parties introduced?

Unknown 0:06

All rise. The Court of Appeal for the State of California, First Appella District, Division Five is now in session. The Honorable Terry L. Jackson presiding. With Associate Justices, the Honorable Gordon B. Burns and the Honorable Danny Y. Chu.

Terry L. Jackson 0:22

Please be seated and thank you.

Terry L. Jackson 0:49

Good morning everyone and thank you. Calling the matter at line one, which is Ellen Roden, plaintiff respondent versus Jessica Silver, defendant appellant. May I please have the appearances of the party sti uh starting with the appellant. And please come to the podium so we can hear you.

Jessica Silver 1:14

Jessica Silver.

Terry L. Jackson 1:16

Good morning. Good morning. And we have the respondents attorney who is here by way of Zoom.

Ellen Roden 1:21

Yes, good morning repond uh uh good morning, your honors. Ellen Roden respondent in proper.

Terry L. Jackson 1:29

I'm so sorry that I said you were an attorney. Thank you. I am an

Ellen Roden 1:33

attorney. I am an attorney, but I am in proper as well.

Terry L. Jackson 1:37

Very good. All right. The court has read and considered your briefs. The court appreciates them. The court is familiar with the facts. And this is an appeal regarding this restraining order against the appellant as alleged squatter under the elder abuse statute. And seven minutes. How would you, if there is any rebuttal, how would you like to divide your time for argument?

Lindsay Ball 2:02

Um Uh I'm not sure, just um

Terry L. Jackson 2:10

Well, you have seven minutes and I'm gonna start the clock as soon as you tell me how you wish to you can use all of your seven minutes or wait and if there's any rebuttal.

Lindsay Ball 2:20

Okay. It's

Terry L. Jackson 2:21

up to you.

Lindsay Ball 2:22

Okay. Um Well I I've never done this before, so I I'm not really sh um sure what I need to say other than um All right, your time is

Terry L. Jackson 2:35

beginning. Okay. Okay.

Lindsay Ball 2:37

Um I can't do this.

Terry L. Jackson 2:46

Just take your time. Take a deep breath. You'll be okay. We're here to hear we're here to listen.

Lindsay Ball 2:52

Okay. Um, so my argument is that I feel like I wasn't um given a chance to um Give I can't do this. I'm sorry.

Terry L. Jackson 3:09

Okay, why don't we stop the clock for a moment in order for um Well, Miss Silver, you're leaving.

Terry L. Jackson 3:26

Okay. Well, um Miss Roden, the appellant has left voluntarily. Uh I don't leave um Justice Burns, do you have any questions you wish to ask? No. Justice Chu? No. I don't have any questions I wish to ask of you, so you do you want to just submit it on the papers?

Ellen Roden 3:50

Your honor Your Honor's

Terry L. Jackson 3:53

Can you hear me?

Ellen Roden 3:55

I uh I can you hear me? Yes, I can hear you.

Terry L. Jackson 3:58

Did you hear that none of us have any questions? The appellant just walked out and would you just care to just submit it on the papers? On your

Ellen Roden 4:07

briefs. Um no, I had something I wanted to present to your honors if that's if that's permissible. I too have never quite I've never done this.

Terry L. Jackson 4:18

Would you wait for one moment? Let's see if Miss Um the Appellant is out. Absolutely. I'd rather not engage in any export well, it's not ex parte. I guess it is. Oh let's see.

Terry L. Jackson 5:04

Okay. I it's been indicated to me by the clerk that um the appellant is not here. She voluntarily left. Miss Roden, you do understand you received a tentative from the court.

Ellen Roden 5:17

I understand that.

Terry L. Jackson 5:19

Okay. So I

Ellen Roden 5:20

want to address the tentative if I may.

Terry L. Jackson 5:23

All right. You're welcome to.

Ellen Roden 5:26

Um I with with thank you, with leave of the court. See the issue I wanted to address is that of course I agree with the court's a tentative decision on the a tentative opinion on the liability. Can everybody hear me? Yes. But um what I wanted to address is that the court the superior court, after rather an exhausting three hour evidentiary hearing, failed to rule on the question of my damages, which was presented in my petition and they're somewhat substantial. And therefore I would like to and I ad acknowledge that it was I a I requested it in my reply brief, that the court addressed that in my reply brief. but it was only in the conclusion and not under a separate heading and I I I acknowledge that.

Ellen Roden 6:23

And I want to explicitly clarify That if the court finds any procedural defect in the judgment, I would like to ask for a limited remand solely for the calculation and award of my damages, which is what I requested in the conclusion of my reply brief.

Ellen Roden 6:52

Direct the proper judgment or further proceedings, as I'm sure this court knows under CCP section 43 and CCP section 906, and again under section CCP