1DCA Division 5 Oral Argument - 2026/3/19 - Mar 19, 2026

argument

1DCA Division 5 Oral Argument - 2026/3/19

California First District Court of Appeal 2h 41m 8 chapters transcribed 1 month ago official recording ↗

▲ 0

Transcript

jump: chapters · find in transcript

Transcript

Transcript generated automatically by AI and may contain errors.

What happens at the beginning of the oral argument and who are the judges?

Unknown 0:01

All rise. The Court of Appeal for the State of California, First Apella 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 0:17

Thank you, and please be seated.

Terry L. Jackson 0:50

Ready? Good morning everyone. Let's call the matter at line one. Um Benford Road LLC versus Paul Din Dinbisty. Excuse me, I apologize for mispronouncing your name. I'm Justice Terry L. Jackson, I'm the presiding justice of Division One of the First DCA. I'm joined on this matter with Justice Gordon Burns as well as Danny Justice Danny Chu. So with that, I believe you all received the court's focus order where we set forth that each side would be given seven minutes. All right. Um for the appellate, if there is rebuttal, I can't guarantee, but if there is the opportunity to have rebuttal, how much time would you like to reserve out of your seven minutes? Excuse me. Okay. May I please have the appearances? Why don't you state your appearance, starting with the appellant?

Terry L. Jackson 1:59

I have a No, just state your appearance. Just your appearance. Paul. Dan Bestney. Thank you. And may I have the respondents' appearance?

Unknown 2:08

Good morning. Robert N. Fleece of Cox Castle and Nicholson for the respondent. Ben Hood Road.

Terry L. Jackson 2:13

Very good. This is an order relating to the disposal of vehicles held in receivership. The trial court granted summary judgment in favor in favor of the plaintiffs on its quiet title. All right, Mr. Dinbesti. You may step to the podium.

Paul Dembesti 2:32

And you may begin. I have it written out here 'cause I'm not attorney, I'm just Paul Dembesti. Um Can you speak loudly into the microphone? Thank you. The appellate record before the court before this court shows that as of today, March nineteenth, Twenty twenty six, no receiver has Акаунте фордс аузи. of assets seized by the Sonoma County Superior Court appointed receiver which as states by Brief. or assets Sonoma County. continues to hold and control. Which is supported by the portion of the order on appeal located on At page four line fifteen eighteen the appellate Paul Dembesti California Rules of Court eight. Point one two four pedix. Which Actually states the Sonoma the receiver was originally

Paul Dembesti 3:48

Established in superior court for the Sonoma County. In the case versus Number MCV one seven eight nine seven three. Entitled John DeMo versus Paul Dembesti. Thereafter the the Sonoma County case. Therefore the appellate court must grant My appeal pursued to skip s Skip some verses. Dion nineteen thirty five. three cow point uh page two uh seven one which seven three. Held that the filing of an approval of a receiver account which is consistent with the request by the California Rules of Court 31184 is necessary for the receiver to discharge and his or her bond expir expires, which is county. Contrary to the portion of the order on appeal which states at page eight line five six of the appellate, Paul Dembesti

Paul Dembesti 5:09

invest the California Rules of Court 8124 Petis. The receivership of the estate comprised of all non Expert real estate property. And business interest overroll. Owned, controlled, Work. Process by the defendant. Of his spouse Paul and Melody Dombesti. And another thing I'd like to s say on the record is Mr. Balmer, the receiver. did not just pass away. He committed suicide in a hotel room in Chico with a night with a nitrogen bottle and a hose down his throat. And three weeks before І комитет суи. He had five locations that were shut down. Website shut down. He was involved in. Some criminal activities. Um That's all I got to say.

Terry L. Jackson 6:19

Thank you very much, Mr. DeBesti. Um I'm to my colleagues. Do you have any questions you wish to ask? Oh the appellate? Ms. True. Just as true. No. And for the respondent, do you have any questions that you wish to ask? No. I don't have any. How about you, Justice Chu? No. All right. We have read and considered all the um briefing in this case and Mr DeBesti since well, do you care the respondent I'm sorry, do you care to respond?

Unknown 6:50

Yeah, I do subject very quickly.

Terry L. Jackson 6:52

You do

Unknown 6:53

um yes, may it please the court.