4DCA Division 1 Oral Argument - 2025/11/07 - Nov 07, 2025

argument

4DCA Division 1 Oral Argument - 2025/11/07

California Fourth District Court of Appeal, Division One 2h 47m 1 speaker 8 chapters transcribed 8 days ago official recording ↗

▲ 0

Transcript

jump: chapters · speakers · find in transcript

Transcript

Transcript generated automatically by AI and may contain errors.

What procedural issues are being raised in the Pacific Equity Solutions appeal?

Unknown 14:29

You're right. Yeah, you know.

Lily 14:37

Oh yeah.

Unknown 14:38

Oh no. Nothing wrong with that.

Lily 16:25

Good morning. This is Lily from the clerk's office. I'll be taking roll call of those of you appearing remotely. If you can please unmute your microphone and turn on your video. When you hear your name, please state your presence. Christopher Lockwood.

Kenyonekwin Mitchell 16:43

Yeah.

Lily 16:44

Thank you. And Kyle Todd.

Unknown 16:49

Here.

Lily 16:52

Okay, thank you. The court asks you to keep your microphone muted and camera off until the court calls your case. As a reminder, the proceedings are live streamed on the court's website. If you experience any technical issues during the session, immediately call in using the phone number and access code that's on the invite, and the court will be with you shortly. Thank you.

Unknown 17:16

Thanks so much.

Unknown 23:14

Things before we get started this morning, the public tables to my right. When you come to argue, please make sure you use the podium using the switch on the right side. So the microphone is pointing at your chin. If you don't, the justices on the bench won't be able to hear you. And they'll stop you that argument. Have you properly adjusted it? Any questions for me this morning? Thank you, appreciate it.

Unknown 29:32

All right. Court of Appeal, the City of California, Fourth Appellate District Division One is now in session of the Old Carrie Award presiding. Uh we've had a delay with our first matter, so while we're waiting, we thought we'd take the next case in order, Pacific Equity Solutions. If the council are all present, step forward please. Um we have Mr. Nicholson as a pro per. Is he online? Yes, you're on I'm right here. Oh, you're in person. Good morning, yes. Okay. Sometimes people appear remotely. Well they call in on telephone. I'm I'm in the flash there. Okay. Uh you've asked for fifteen minutes. As the appellant, you have the right to reserve part of that time to respond to what your opponent has to say. Would you like to reserve a portion of your fifteen minutes?

Unknown 30:30

Absolutely, Your Honor. How much time? Five minutes. That's what uh you're an experienced man. That's the number everyone always uh always claims. Okay. If you'd step forward to the podium, state your phone name for our tape recording so we'll have your p appearance and then proceed. Okay. David uh Mickey Nicholson in proper. Go ahead. Thank you. I'm honored to be here today. I've never been in this courtroom. Thank you for listening to my case. This case has been going on for some time now. Um my due process rights as also outlined in both uh reply statements. My due process has been violated. I have had no jury trial. I've had no discovery. And basically the case violates everything from the California statutes of fraud.

Unknown 31:41

Two the one judgment rule. And everything in between. So As it stands, just with The California Statute of frauds. A contract for a sale of real property that does not comply with the statute of frauds Is invalid or unenforceable. Right there. This case should have been Void ab initio on its head. But it did not. It went through four different judges. in superior court. Neither d nor My motions were all denied to dismiss or uh to overturn the defaults and it was just kind of glossed over. And a a judge didn't even s rule suasponte to at least look at like, okay, this doesn't this doesn't fit in the box. Let's overturn it. But yeah There's b I've had no live testimony to refute any of this. All testimony has been Mr.

Unknown 32:49

Malkey. Who's represented Pacific equity solutions. in this case. And as the case has gone on. Містер Ап Малки на ОНС. Pacific equity solutions. And he did not disclose. Or show. That he's an owner at all. Which there is an ongoing case, which I've asked for judicial notice, with the state bar, which I just updated them two weeks ago because again, Mr Malkie failed to disclose his ownership in the company. And basically That's where I stand, other than the other two replies that I have. Other than that with the judicial notice. Mr. Malkey has taken his litigation privilege and abused it as an officer of the court. to so far step of a line, it's criminal. But that's for another court, not this court.