4DCA Division 1 Oral Argument - 2026/04/13 - Apr 13, 2026
argument4DCA Division 1 Oral Argument - 2026/04/13
California Fourth District Court of Appeal, Division One
3h 31m
5 chapters
transcribed 1 month ago
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What procedural steps are taken at the beginning of the oral argument?
Good morning. This is Lily from the clerk's office. I'll be taking a 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. John Sylvester
Hi, good morning, I'm here.
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, immediately call in using the phone number and access code that's on your invite. We'll be with you shortly and your case will be the third case. Um attorney Sylvester. Thanks.
Mm-hmm. Yeah, trying to do.
It's just
Counsel for Evans V. Adderley, you can have her options uh be the first case. Yeah.
Well
So but I thought well I'm
so
sorry now that you're
now that you're set up.
I know. I'm
much more comfortable over them.
Good morning, welcome to the Court of Appeal. Just a few things before we get started this morning. Uh the appellate table is here to my right.
If you don't do that, the justices will not hear you on the bench and they'll stop you with an argument to properly adjust it. Maybe if you use the restroom, you have to go through security screen to come back inside the courtroom. And please we'll close in session and keep talking ways out to menu. Any questions from this morning?
Yeah.
All right. The Court of Appeal to the State of California affords the public district commission when it's now a session with the Honorable Lord J.O. Presiding. Good morning everyone. Please have a seat and welcome to the Court of Appeal. We have at least one, if not several, panel changes this morning, so we appreciate your patience as we go through the calendar. We are going to uh start with the uh Evans versus Adderley matter, and I see counsel are already present and And so with that If uh If you'd like to approach the podium. And uh Ms. Hall, after you make your appearance, if you could let me know if you would like to reserve any of your time for rebuttal.
Okay. Kendra Hall, on behalf of appellant Victoria Evans, may I please reserve five minutes?
Absolutely. I'll let you know when uh when
you get there. Okay, thank you so much. And before starting, I just wanted to thank um the court and also Mr. Coffey for accommodating a scheduling change with argument this week. I really appreciate it. Um and I also appreciate the court's focus letter, so I'll I'll lead off with that. Um The court has asked whether uh the equitable easement should be analyzed as to the wall alone or is it just a matter of scope? And um I think that a legal error occurred here in that the court failed to it should have been separately considered the wall. It's it's a separate structure. It's fourteen feet from the residence. It's functionally serves a different purpose than the residents. And so when we're talking about easements which have specific uses and scopes, um that I think was the trial court's error is that it really conflated the two.
It looked at the residents, it talked about the plumbing, um the hardship, the million dollars to potentially rebuild, and then it bootstrapped on the wall. D
during the presentation Was it presented as as a whole or was it broken down into The pop out, the AC and the wall.
It was broken out and I think that that stemmed from the trial court's um summary adjudication order. Um when Adderley brought the motion for summary adjudication, um the court performed an analysis in terms of whether there was permanent nuisance as to the home. Um and then said, listen, it's a different analysis as to the wall, and Miss Adderley has not presented any evidence on that issue. So when it gets teed up at trial, um I know certainly Mrs. Evans um addressed it separately, um, that her expert, um, damage expert, Mr. Vail presented two separate damage appraisals um for the wall. and for the home. And then in closing, um certainly it was teed up that we thought something different um should happen for the wall and that it was not um the same type of um
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Chapters
5 chapters
1
What procedural steps are taken at the beginning of the oral argument?
5:16–1:36:30
2
What procedural issues are raised about the motion for reconsideration and unavailable evidence?
1:36:30–1:51:23
3
How does counsel argue that the shooting of Mr. McMurtry was a justifiable homicide under the totality‑of‑circumstances test?
1:51:23–2:50:35
4
Why does the appellant claim that a Section 782 dismissal should erase the juvenile adjudication and not trigger the firearm‑restriction provision?
2:50:35–3:30:50
5
What are the final remarks and upcoming matters before the court at the close of this session?
3:30:50–3:31:50
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