4DCA Division 1 Oral Argument - 2026/03/10 - Mar 10, 2026

argument

4DCA Division 1 Oral Argument - 2026/03/10

California Fourth District Court of Appeal, Division One 5h 42m 8 chapters transcribed 1 month ago official recording ↗

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What procedures are covered during the initial roll call and case introductions?

Lily 5:07

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. Lincoln Ellis.

Lincoln Ellis 5:25

Present.

Lily 5:26

Thank you. Kevin Bland.

Unknown 5:30

Present.

Lily 5:30

Thank you. Katherine Woods. Present. Thank you. And Brian Nichols.

Brian Nichols 5:37

President. Good morning.

Lily 5:38

Good morning. 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, please immediately call in using the phone number and the access code that's on your invite. Thanks, we'll be with you shortly. And the first case will be Berger V Antonian Miranda.

Lincoln Ellis 6:09

Well uh Lily, will you be doing uh the in person first or will you be going online first or is it just random?

Lily 6:22

The first case will be Berger V Antoyan Miranda. And then the General Dynamics V OSHA board is going to be the last case that's called today.

Lincoln Ellis 6:35

Okay, thank you.

Unknown 9:15

Good morning.

Ira Sema Rocha 10:08

I think the same is true though for those. Yeah. I see I think it's also yeah.

Unknown 10:22

Yeah, yeah.

Unknown 13:05

Good morning, welcome to the court of field. Just a few things before we get started this morning. When you approach the podium, please make sure you adjust it by using the switcher on the right hand side so the microphone is pulling at your chin. If you don't, the justices on the bench won't be able to

William Dado 13:18

hear you. And they'll stop you mid-argument to properly adjust it. Uh probably tables to my right. Um if you have to use the restroom, you have to come back through your screening because there's no restrooms in this side of the building. And uh we'll record some session, please keep talking noise

Jeff Reeves 13:30

down to a minimum. Any questions from this line? Yes. Did you save balance tables on your own? Yes, correct. Okay. Thank you for

William Dado 13:39

sure.

Lily 18:32

I guess kind of

Unknown 22:38

All right. The Court of Appeal A City of California Fourth of Public District Division One is now in session by the honorable presiding. Good morning and welcome to the Court of Appeal. With me on this first panel are Justice Dato to my right, Justice Castillo to my left. We do have a couple of panel changes this morning, but on all of the cases, uh keep in mind that we're very familiar with your briefs, so just highlight those issues you think are most important. Uh we'll start with Berger versus Miranda. Is that the case you're here on? Yes, Your Honor. All right, and who is appearing remotely?

Lincoln Ellis 23:21

Uh good morning. This is Lincoln Ellis for Appellant Michelle Berger.

Unknown 23:25

All right, uh you may proceed. Uh would you like to reserve time to respond?

Lincoln Ellis 23:32

Uh yes, uh I'd like to reserve five minutes, please. All right,

Unknown 23:36

thank you. You may proceed.

Lincoln Ellis 23:38

Right. So um A couple of things that I think are important to highlight and sort of confirm what's already been in the briefs. Um So obviously the the key issue on this appeal, uh employment discrimination case Is the Exhibit thirty nine. Um which is in the record at the important part of exhibit thirty nine is in the record at Appellate's Appendix two sixty to two sixty one. Um This exhibit was offered by the defendant E. Pelli Appelle at trial. And a lot of the argument, you know, comes down from from Appelle. Um comes down to, you know, excuses for why this uh exhibit was erroneously offered and then the judge and then you're not sure if you're not sure. I just want to say why is this

Unknown 24:35

excuse me uh can you hear me? Ah this is Justice McConnell. Why is this prejudicial? You were you wanted to offer you wanted to offer inadmissible parts of that declaration, isn't that correct?

Lincoln Ellis 24:50

Uh could you sorry?

Unknown 24:52

You want to When they offered the declaration, can you hear me? I think he's frozen. Okay. W we we're gonna have to cut him off then and a have him call in. Can you get in touch with them by phone? C We haven't been able to hear you. You've been frozen. Can you hear me? No.

Lincoln Ellis 25:24

Yeah.

Unknown 25:25

Well we you're frozen on our screen.

Unknown 25:34

Okay, let's take up the next case then. Sorry about that. We can't hear you you were frozen.