4DCA Division 1 Oral Argument - 2026/02/11 - Feb 11, 2026
argument4DCA Division 1 Oral Argument - 2026/02/11
California Fourth District Court of Appeal, Division One
4h 57m
8 chapters
transcribed 8 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What courtroom logistics are explained to the parties before the hearing begins?
Yes, someone will have a little speech right now before we go on TV. A little check and
question.
Just curious.
Yes, a comment and a response.
started in a few minutes, but before we get started, just want to let everyone know, on your left is the appellate counsel table. On your right is the responding counsel table. There's water available on the tables for you while you're up here arguing. Other than that, there's no drinking, eating, or gum chewing in the courthouse, in the courtroom. While you're waiting for your case to be called, if you get thirsty, there's water fountains available by the restrooms. The male restroom, if you go outside, make a left, pass the elevators, make another left, and then go on your left-hand side. Female restrooms, once you go out, go straight past the elevators to the clerical office area. That's the female restroom.
And while you're up here already, make sure you speak clearly into the microphone. That way it will help the adjuster to hear you better, and also the proceedings are recorded. The height of the lectern is adjustable with this switch right here. Up and down. Annette, any questions for me? Yes,
sir.
No water bottles in here. Your water bottle is outside by the officer. Feel free to step in and out to drink your water if necessary. If you have your water bottle with you, please settle by that machine. Annette, sit tight and we should be getting started in a few minutes.
MS. Thank you. Please be seated. Well, welcome to the Court of Appeal, counsel, and ladies and gentlemen. We have several matters on our calendar today. We do have a bench memorandum, and we've read your briefs, so please focus us on the issues that you think are most important for us to pay special attention to or matters that you I want to emphasize in your briefing with me on this first panel, to my right are Justice Doe, to my left, Justice Castillo, and I am going to call Marinda versus Marinda.
Counsel? Good morning. May it please the Court, James Crosby for Appellant Manuel Maruenda. And I will refer to my client, as we have throughout the entire case, as Manny. The respondent has been referred to as Paco. So no disrespect in first names, but that's what we've used throughout the case. I think to start off with... Mr.
Crosby, do you wish to reserve any time to reply?
Yes.
And how much?
Two
minutes.
Okay. I think I want to start... with speaking about something we covered in the brief, but a major concern in this case from day one, which was the possibility of speculation by the trier of fact. The basic facts are, these are three or four facts that are undisputed in this case. They were undisputed from day one, that Paco was removed to Mexico against his will. A day or two later, senior, their father, changes the trust to give my client a roughly 67% interest in the family business. A month later, while Paco's still in drug rehab in Mexico, senior dies, vesting my client permanently in a two-thirds ownership of the business, and it remains that way today. We recognize from day one that that set of facts, especially in this kind of drama-filled world,
is just a recipe for speculation. I would be the first to admit that most people would listen to those facts and say, Manny must have been involved. He got all the money at the end of this whole thing. And I think that the evidence in this case, or in our view, the lack of evidence in this case, has to kind of be reviewed in the crucible of this potential for speculation in this case based upon those simple sets of facts. And I think that that's what happened in this case. There is just simply no evidence that ties my client to a conspiracy to do this thing to his brother. Even
with inferences?
I think even with inferences, too. We have taken some time in our opening brief to talk about the four pieces of evidence that we have anticipated the respondent would cite. And it's the four pieces of evidence that were cited in the trial brief. We addressed those at length and talked about the evidence that purportedly supports those four facts.
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Chapters
8 chapters
1
What courtroom logistics are explained to the parties before the hearing begins?
14:03–28:14
2
How does counsel introduce the Marinda‑versus‑Marinda case and outline the key factual disputes?
28:14–32:44
3
Why does counsel argue that the evidence is speculative and insufficient to prove a conspiracy?
32:44–44:49
4
What procedural issues arise over the delayed return to the courtroom and the alleged waiver of a jury trial?
44:49–2:14:06
5
Why does counsel argue that fabricated cases and improper citations undermine the court’s integrity?
2:14:06–3:04:44
6
How do the parties interpret proximate cause and emotional‑distress liability in the Wade‑Wade case?
3:04:44–3:33:42
7
What is the dispute over the admissibility and prejudicial effect of the rap video evidence?
3:33:42–4:14:16
8
How do the judges wrap up the arguments and transition to the next matters on the docket?
4:14:16–4:57:06
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