4DCA Division 1 Oral Argument - 2025/12/09 - Dec 09, 2025
argument4DCA Division 1 Oral Argument - 2025/12/09
California Fourth District Court of Appeal, Division One
3h 44m
8 chapters
transcribed 7 days ago
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Transcript
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What procedural steps are taken before the oral arguments begin?
Good morning. This is Martha from the clerk's office. I'll be doing a quick check-in for those of you appearing remotely. It looks like we only have one person. If you can unmute yourselves and turn on your video, please.
This is Don Lawson.
Yes, good morning, Mr. Lawson. OK,
so I
just want to just remind you that if I'm going to ask you that you keep your microphone and video off until your case is called. If you experience any technical difficulties during the oral argument session, immediately exit the video conference and use the phone number and the access code that I emailed you this morning. OK, so if you can just keep your microphone and your video off until your case is called. Court will be
with us shortly. I do have a question for you. I see in the top, there's like a brown thing over there. Is that going to be a problem? You see that in the top corner? Just a little brown image?
No.
You don't think that'll be a problem?
Over the bench or where?
No, on my image, I see off to what would be my left side, there's some kind of little brown
No, that's on your video because it's not in the courtroom. I don't see
it over the bench. Let me see. Okay, there we go. I think I got it.
Okay, that's fine
as
long as we can see you.
And are we probably going to get started about 9? 9,
yes. I just wanted to make sure that you understood that just keep your microphone and video off and if
you have any technical difficulties to use that email, the access code and the phone number I sent you this morning. I'm sorry.
And I know that you don't have an obligation to tell me this, but I don't see the other side. Are they going to be in court? Are they appearing remotely? Do you know?
They are appearing in person. But, yeah, they're not in here yet. We'll start at 9.
Great. Okay? Very good. Thank you.
You're welcome. Bye.
my card or not.
No, we do not. Okay.
I've given myself away
as not
a ritual appellate
lawyer. No, no, we don't.
Before we get started this morning, the appellate table is to my right. When you come up to argue, please make sure you adjust the podium using the switcher on the right-hand side so the microphone is pointing to your chin. If you don't, the
justices
on the bench will not be able to hear you, and they'll stop you in the argument having properly adjusted. If you use the restroom, you have to come back through screening to come inside the courtroom. Any questions for me? Well, appreciate it. Thanks. Thank you.
Good morning. Welcome to the Court of Appeal. With me on this first panel are Justice Ariane to my right, Justice Doe to my left. We will have one panel change, but on all the matters that are before the Court, keep in mind we're very familiar with your briefs, and so just highlight those issues you think are most important. We're going to start this morning with Riches v. Stone, and I gather appellant is appearing remotely. Appellant, please state your appearance and let us know if you wish to reserve time to respond.
Yes, I
am Don
Lawson for Rebecca Lynn Riches, and I do wish to reserve some time to respond.
How much time?
Four minutes.
OK, thank you. You may proceed.
Rebecca Lynn Riches' case is not about the misreading of a diagnostic image. That's important because we do have a defendant radiologist, but this is not about radiology per se. This is about a delay that the radiologist did in transmitting the report to the emergency room physician. Riches came to the emergency room was sent off for an image and an hour and 56 minutes later, Dr. Sohn produced the report to a Dr. Kim, who was actually the emergency room physician. The Dr. Liu is the expert witness for the defendants. Basically, their entire case is based upon his report. He also appears to misunderstand the case as a misreading of a diagnostic image because he fails to address the hour and 56 minute delay
In his opinion, which is in the transcript at page 309, 3311, paragraph 4, he states that it's his opinion that the care and treatment was appropriate within the standard of care, but he doesn't mention that there was an hour and 56 minute delay
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Chapters
8 chapters
1
What procedural steps are taken before the oral arguments begin?
10:35–48:53
2
How does the Riches v. Stone case illustrate the impact of delayed radiology reports?
48:53–1:21:53
3
Why is informed consent a separate cause of action in the appeal?
1:21:53–2:10:54
4
What are the arguments surrounding the order to show cause and potential sanctions?
2:10:54–2:39:56
5
How does California Code §473B define mandatory relief and the proposed pleading requirement?
2:39:56–3:08:02
6
What legal issues are raised in the Horton v. Takeda Pharmaceuticals case?
3:08:02–3:21:55
7
How is fiduciary duty interpreted in the Varga vs. Lomas Serenas homeowners association dispute?
3:21:55–3:39:13
8
Why does the American Medical Response procurement dispute focus on “best value” versus scoring?
3:39:13–3:43:11
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