4DCA Division 1 Oral Argument - 2026/03/12 - Mar 12, 2026
argument4DCA Division 1 Oral Argument - 2026/03/12
California Fourth District Court of Appeal, Division One
5h 52m
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 is the court doing during the roll call and initial housekeeping?
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. When you hear your name, please state your presence. Laura Favakin? Morning. I'm present. And Yvonne Rizzo. Good morning, Yvonne Rizzo. 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 access code that's on your invite. Thanks. We'll be with you shortly. And the first case will be Nunez V.
Cacho. Thank you. Thank you.
I'm gonna grab a nap. Can I need to lose my gun?
First case would be anunia as the catch, if it was a council.
I'm gonna use the restaurant for anyone. I'll leave her back.
Alexia. So we got
Morning everyone. Uh we should be getting started in a few minutes, but before we get started, there's one call cut by items of you guys. Um when you're up here arguing, uh on your left is gonna be the but the balance council table, on the right is
respondents
table.
And the only argument is water available to you guys. Other than that, there's no drinking, eating, or gunk chewing in the courtroom. Um if you're while you're waiting for your case to be called, if you're thirsty, there's water fountain uh available by the Russians. For the male restaurants, that's go outside, pass the elevators, make a
left, and the restrooms on your left hand side. For the female restaurants, go straight into the club fill office area and it'll be on your left hand side. Um when you appear our uh arguing, make sure you speak clearly into the microphone. So that'll have the adjustments hear you better and also the proceedings are recorded.
And we should be getting started in a couple of minutes.
Oh
All right. Before they
Please be seated. The first matter we're going to hear this morning is Nunes versus Cacho. And we have one party appearing remotely. Do we have uh Alexander Jones as to their present?
Present, yeah.
State your appearance for us.
Yes. May you please the court. My name is Alexandra Jones. I'm uh counsel for Priscilla Cacho.
Now you've requested fifteen minutes. Do you want to reserve a portion of that time to respond?
Yes, Your Honor. I'd like to reserve five minutes for
reply.
Let you know when you're there.
Thank you very much. So maybe please the court the Purposes appeal mainly has two sections. It is the validity of Priscilla Caccio and Gianna Valdez's
uh marriage. Whether or not it is a valid marriage and whether or not it is an attempted marriage for the
purposes of the uniform pretend. uh parentage act section seven six one one b. Now um I'd like to break
up this argument into two different parts. First starting for the validity and I
apologize if I say Priscilla or Gianni or Steven, I'm referring to the um appellants in their first name the parties in their first name to avoid any confusion. It's not a the meant as disrespectful.
First, looking at the
validity of the marriage between Priscilla and Gianni. Under the appellant uh Record. as it is, the two of them engaged in a confidential marriage. That marriage they sought out a marriage license. They then solemnize the marriage with a Catholic ceremony for a Catholic priest. With her her sister present, he said. that ceremony was authenticated by the priest and it was returned to the um uh San Diego County recorders recording. Well the trial court found that it wasn't a valid marriage because they were not living together as spouses, correct? The court did make that interpretation and part of the issue with that interpretation, Your Honor, is that living together as that def defined as spouses Um in people v.
Hassan which the court did cite, they did go into a definition of what living in spouses meant. Priscilla and Gianni were actually living together, unlike in people v. Hassan. But but wasn't the question that the trial court focused on the question was whether they were holding themselves out as spouses.
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Chapters
8 chapters
1
What is the court doing during the roll call and initial housekeeping?
5:09–1:50:18
2
How does the argument shift to the validity of the Nunez v. Cacho marriage?
1:50:18–1:51:01
3
Does giving the middle finger to a police officer count as protected speech or a hostile gesture?
1:51:01–2:16:20
4
Is a teacher’s past securities‑fraud conviction considered moral turpitude that justifies revoking a teaching credential?
2:16:20–2:30:53
5
When does a court lose jurisdiction to set a restitution amount under California Penal Code 122.46?
2:30:53–4:04:07
6
Is the impossibility defense an equitable issue that eliminates the right to a jury trial?
4:04:07–4:19:06
7
How does the third‑party‑beneficiary claim affect the contract dispute and what prejudice standard applies?
4:19:06–5:07:58
8
Does the photograph meet the statutory definition of sexual conduct and how should the jury be instructed?
5:07:58–5:51:17
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