4DCA Division 1 Oral Argument - 2025/12/08 - Dec 08, 2025
argument4DCA Division 1 Oral Argument - 2025/12/08
California Fourth District Court of Appeal, Division One
3h 50m
6 chapters
transcribed 7 days ago
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What procedural steps are taken at the beginning of the hearing (roll call, microphone rules, and case scheduling)?
Do you need to check in with you?
No.
Does the court want the first case already up here? People up at
the... Yeah, you can do that. Or they're going to do like a spiel. Okay.
Okay, only arguing attorneys are allowed up here at council tables. this podium moves up and down or not it does okay so there's a small black button and i believe the microphone moves speak directly to the microphone so the justices can hear you just be mindful that everything is being recorded does anybody have any questions we should be getting started just a couple
Good morning. This is Lily from the clerk's office. I'll be taking a roll call of those of you appearing remotely. If you can please unmute your microphone and turn on your video. And when you hear your name, please state your presence. Dorian Jackson.
Good morning, Madam Clerk. Present.
Thank you. Josette Johnson. Good morning. Good morning. Can you? Yes. Thank you. And Aparna Vashirota. Dr. Rota?
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 your Zoom invitation. Thank you. We'll be with you shortly.
Thank you very much.
Well, good morning, ladies and gentlemen. Council, welcome to the Court of Appeal. Happy holidays. We have five matters on calendar this morning. It is our intention, absent some calendaring mishap, to take them in order. And our first matter will be Wickline v. Schwerter. Council, please remember that we are very familiar with your cases. We've read your briefs. We have a bench memorandum. So please... Focus us on the matters that you want us to pay particular attention to. And with that, we will take weak line. Mr. Heineke, Mr. Roller.
Good morning. Rex Heineke on behalf of Appellant David Wickline.
Good morning, Mr. Heineke. Would you like to reserve some time for reply?
Yes, Your Honor. Five minutes, if I
could.
All right.
You may proceed.
I think the time estimate was 15 minutes?
Yes,
it is. Thank you. This Court's first opinion held that the trial court erred in holding that the partnership terminated on June 16, 2016. The court held that RUPA, the Revised Uniform Partnership Act, applied here and it hadn't been complied with. RUPA has two steps if you want to terminate a partnership. One, has to be dissolution. Two, there has to be a windup. Neither of those things ever happened here. The court said, well, maybe there was some other basis that the trial court had. The trial court didn't comply with RUPA the first time around and it said, well, Wickline sought damages, so that dissolved the partnership. This court said, no, that's not true either. So it goes back. The trial court then, quote, clarifies purportedly what happened.
But the clarification is no clarification at all. It simply reinstates the prior judgment and says the partnership is still terminated. But it doesn't say there's a dissolution. And there was no windup. So there could be no termination of the partnership. The clarification says, well, Wickline breached his fiduciary duty. Well, this is based on that same email that Wickline sent to himself on June 16, 2016. That this court previously held didn't amount to a dissolution. In addition, if you're going to claim somebody breached a fiduciary duty under RUPA, then you have to go to the court and say, that partner breached his or her fiduciary duty, and I want a judicial determination of that. And if I get that, then I want a dissolution.
That never happened here. There was no attempt to have that happen. So that cannot have been the basis for terminating the partnership or a dissolution. Now, it's possible, I suppose, that clarification means that that Mr. Wickline withdrew from the partnership. But to do that, under RUPA, you have to give notice to other partners. The only thing that's supposed to show he withdrew is an email to himself. That can't possibly be dissolution by giving notice to your partners you want to dissolve.
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Chapters
6 chapters
1
What procedural steps are taken at the beginning of the hearing (roll call, microphone rules, and case scheduling)?
8:31–53:25
2
How does counsel argue that the partnership was never properly dissolved under RUPA?
53:25–1:50:02
3
What public‑policy arguments are made about wrongful eviction and tenant protections?
1:50:02–2:16:42
4
How do the parties discuss monetary sanctions, vexatious‑litigant status, and the impact of unpaid penalties?
2:16:42–2:36:01
5
What is the legal debate over the petition to appoint an arbitrator as a distinct contract action and prevailing‑party fees?
2:36:01–3:26:10
6
How does the appellant argue that a domestic‑violence restraining order was dismissed without due process?
3:26:10–3:49:39
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