4DCA Division 1 Oral Argument - 2026/02/09 - Feb 09, 2026

argument

4DCA Division 1 Oral Argument - 2026/02/09

California Fourth District Court of Appeal, Division One 5h 30m 8 chapters transcribed 8 days ago official recording ↗

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What procedural steps are taken at the beginning of the oral argument?

Lily 8:54

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 and when you hear your name, please state your presence. Clay, Rennick.

Unknown 9:11

Hello, this is Clay Rennick.

Lily 9:12

Thank you, Jake Schulte.

Unknown 9:15

Good morning. Um good morning, Jake Schulte.

Lily 9:18

Thank you. And Christopher Malcher.

Unknown 9:22

Yes, I'm here.

Lily 9:23

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

Clay Rennick 13:02

Morning.

Unknown 13:34

Uh Um There is a very good document. So

Clay Rennick 13:47

Morning everyone, welcome in. Uh if this is your first time here, just a few things

Unknown 13:52

to go before we get started at nine o'clock. Uh we have the uh palant side, the respondent side. Uh so when you approach the podium here. Please feel free to adjust the pudding to your desired height. Alright, allow you to get closer to the microphone. Proceedings are being recorded, so you want to make sure that your voice is heard and it

Clay Rennick 14:14

makes it easier for the justices to hear you. Uh

Unknown 14:17

is provided at council table while while you're seated. Please know chewing gum, drinking water, dozing off, conversations. If you do need to use the restroom, do you need to step out, use your cell phone, feel free to do so. Men's restroom is just around the corner, uh women's restroom is uh straight ahead. Uh any questions?

Josette Johnson 14:40

That's right.

Unknown 18:44

Yeah.

Unknown 20:15

Chance to have Tuesday was.

Unknown 20:43

That's interesting. Interesting. It's great.

Unknown 21:57

A lot of both you get to five percent. Good morning. Welcome to the Court of Appeal. With me on this first panel are Justice Buchanan to my right, Justice Castillo to my left. We do have a number of panel changes this morning. And but on each case keep in mind that we're very familiar with the your briefs and so just highlight those issues you think are most important. We're starting this morning with Heron v. Doherty. Uh council requested priority. So who is here for appellant? Are you here for appellant? I'm here for respondent,

Brian Charles Osler Sr. 22:38

Your Honor.

Unknown 22:38

Well is that appellant on the screen? So we're going to be able to do that. Okay. For respondent you can be seated, counsel. All right, for a pellet, could you state your appearance please and let us know if you wish time to respond?

Clay Rennick 22:58

Uh yes, this is Clay Rennick. I'm the appellant in the case for Dylan Doherty and yes, I would like time to respond after. How

Unknown 23:06

much time would you like to respond? You asked for fifteen minutes and you can take some of that to respond if you'd like.

Clay Rennick 23:15

Okay, yeah, I would like to reserve it uh whatever time, probably at least maybe half to respond.

Unknown 23:22

All right, then you may proceed.

Clay Rennick 23:24

Okay, thank you. So I th I think it's very important for the court to realize the background of this case that is just not evident whatsoever. Um this this business i it was called C PR Classic Sales was the name of the business. And they they had a separate portion of the business called California Force Restoration, which ultimately does become portent uh important at some point here. But

Unknown 23:51

you know, all of that is uh is pointed out, but I have a question for you and that is with regard to appealability of this. I think you noted in your opening brief that there was a question here, you noticed that there was a question about appealability. Since there's no judgment. Uh yes, as to the appeal appealability question, I think we covered that, but i from our standpoint

Clay Rennick 24:18

uh once this default was entered, we had no further opportunity to do anything whatsoever in the case. So it was either a writ or an appeal. Um I I thought the proper portion the the proper thing to do as far as the the case law that I read was to file for an appeal. And then

Unknown 24:38

if we were to affirm what the trial court did here Uh it it still would go back for a proof up hearing, wouldn't it, to get a judgment?

Clay Rennick 24:49

Well, actually I'm not sure it would go up to approve up hearing.