4DCA Division 1 Oral Argument - 2026/03/11 - Mar 11, 2026
argument4DCA Division 1 Oral Argument - 2026/03/11
California Fourth District Court of Appeal, Division One
2h 23m
8 chapters
transcribed 1 month ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What procedural steps does the clerk’s office follow to check‑in remote participants?
Good morning. This is Martha from the clerk's office. I will be doing a quick check-in for those of you appearing remotely. If you can please turn on your microphones and your videos, and please state your presence when I call your name. Norandine Elizali. You're going to be appearing just by phone, right?
Yes. Good morning. Yes.
Okay. And then I have Mark Schaefer.
Attorney Schaffer? Dorian Jackson, are you on this morning?
I thought so, Madam Clerk. Isn't the Armijo matter on this morning, or did I make a mistake?
No. Let me look. Hold on a second.
Oh, okay.
Let me look at the calendar.
On what case is it? I got a calendar invite for today.
What case is it? Oh,
it's for this afternoon. Sorry, what, Madame
Claire? It's for this afternoon.
Oh, it's this afternoon. Yes. Okay. What time, Madame
Claire? So if you can just be logged in, but no later than 1.15.
Okay, wonderful. Thank you. My apologies.
No, you're okay. Thank you. Have a good day.
Bye.
Do I have Mark Schaefer?
You do.
Okay, so you're also going to be just on phone?
Yeah, I'm having trouble with the Zoom link in the computer. Just my telephone, yes.
Okay, just make sure that you speak a little bit louder because I can barely hear you.
Okay, I will. Thank you.
Okay, so I'm going to ask you that you please keep your microphones off until your case is called. If you experience any, well, I mean, you're already on the phone. So if you have any technical difficulties, please let us know immediately by calling the office because if you don't have any video. Okay, so if you can just mute yourselves and court will be with you shortly. Thank you.
as part of this morning. Appreciate that.
Please be seated. I'm joined by Justice Rubin to my left and Justice Buchanan to my right. The first matter we're going to hear this morning is Ella Saleh v. Verda. Do we have counsel present? Professor Miller. Oh, all right. Well, we still need to know if they're present. Do we have attorney or pro per, I think it is, Alassali present?
Yes, Your Honor. Good morning. Nur ad-Din Alassali present.
All right. You've requested 15 minutes. Would you like to reserve any of that time to reply?
Yes, sir.
How much time would you like to reserve? And I'll let you know when it's time for you to stop to save some time.
Okay.
All right. Why don't you get started? If you'd start by announcing your appearance for our tape recording, please.
Okay. I'm sorry. I didn't hear this sentence. Say it again, please.
Begin by announcing your name and your appearance for our tape recorder, and then you can proceed.
Okay. Thank you. My name is Noura Din El-Asali. And I'm going to start my opinion. So the issue in here is service that was interrupted by the COVID pandemic. And also the fact that the defendants or respondents were evading service, made it extremely impossible to serve them on time, which is within three years. However, the judge at that time was Judge Katz, and she was aware of that, and we had several MEETINGS AT EACH TIME. I'M SORRY FOR THAT. SO IN THE BEGINNING OF WHEN I FILED, THERE WAS AN ORDER BY THE GOVERNOR TO SHELTER ON PLACE, WHICH MEANS THAT ALL OFFICES ARE CLOSED AND PEOPLE STAY HOME. SO I CANNOT GO OUTSIDE AND FIND SOMEBODY TO service so after a while when finally people start coming back and that's when i got the first opportunity to go and serve the defendant or respondent so i started doing that and all of a sudden i noticed that they start moving from one location to the to the other and uh
They were in downtown, San Diego downtown, the first time they were served. And then I found out that they moved to, I believe, Mission Valley area. And that office was closed at all times. So even after people started going to work, it was still closed. and the only it only opened if one of their clients has an appointment and the sheriff told me that and he left them a note on the door and they didn't respond then after that i found out that they they moved to ocean beach and he went in there and he find more difficulties which means that the defendant They even chased him and closed the door and things like that.
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Chapters
8 chapters
1
What procedural steps does the clerk’s office follow to check‑in remote participants?
12:41–38:45
2
How does the court determine whether a case is ready for oral argument this afternoon?
38:45–52:54
3
What arguments does the appellant present regarding service of process during the COVID‑19 pandemic?
52:54–1:06:24
4
How does the trial court justify dismissing the case for failure to serve within three years?
1:06:24–1:20:37
5
What issues are raised about expert testimony on Antifa and its admissibility?
1:20:37–1:49:50
6
How do the parties argue the relevance and prejudice of statistical expert evidence?
1:49:50–2:01:01
7
What legal standards govern the beneficial‑relationship exception in termination‑of‑parental‑rights cases?
2:01:01–2:14:22
8
How does the court address procedural errors and the need for a reversal in the appealed decisions?
2:14:22–2:23:00
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