4DCA Division 1 Oral Argument - 2026/04/15 - Apr 15, 2026
argument4DCA Division 1 Oral Argument - 2026/04/15
California Fourth District Court of Appeal, Division One
4h 46m
8 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 Martha from the clerk's office. I will be doing a quick check in for those of you appearing remotely. If you can please unmute yourselves and turn on your videos.
Uh, please state your presence when I call your name. I have attorney Timothy Calzani.
Yeah, Kasumi. I'm here, thank you.
And attorney uh Gerard Gilroy. Gilroy.
Good morning.
Okay, thank you. So I'm going to ask that you please keep your microphones and your videos off until your case is called. If you experience any technical difficulties during the oral argument session, immediately exit the video conference and use the phone number and the access code that I emailed you this morning. Okay, so if you can just please turn off your microphones and your videos and court will be with you shortly. Thank you.
That's it.
Running welcome to record fuel, just a few things before we get started this morning. When you come to argue, make sure you adjust the podium using the switch on the right side. So the microphone is pointing at your chin. If you don't, the justice is on the bench, won't be able to hear you, and they'll stop you mid-argument to properly adjust it. Uh pellet table is to my right, responding is to my left. Uh if you use the restroom, you have to come back to your screen and come inside the courtroom. Any questions for me this morning? I think you appreciate it.
All right. district division let us down and session with the audible judiciary. See that. Well good morning. Uh with me on this first panel are Justice Castillo to my right, Justice Rubin to my left. We do have a couple of panel changes this morning, but on all of the cases keep in mind We're familiar with your briefs. Please don't repeat what you've already said in your briefs, just highlight those issues you think are most important. We are starting this morning with Watson Vinoda. And I thought Both sides were oh I see, there are three parties. All right, we'll start with the appellant. Who is remote and could you state your appearance please and let us know if you wish to reserve time to respond? Is that
Yes. Yes. Good morning, Your Honor. Timothy Casuni for the appellant Joseph Watson. All right. Did you wish to reserve time to respond? I would, Your Honor, three minutes. All right, then you may proceed. Thank you. Good morning, Your Honors. And may it may it please the court. My name is Timothy Kassoone, Counsel for Appellant Joseph Watson. There's been substantial briefing. We've covered all the issues. I want to highlight a couple things. First, I want to emphasize that there's really no need for the court to get into the substantive issues on the on the on the anti-slap motions, both motions that were. As we brief fully, both motions were untimely filed. Uh with respect to um the successor trustee Nicole Sam
She was a successor trustee to Nathaniel Pickett. That initial complaint against Mr Picket was filed in twenty twenty. Sam's motion wasn't filed until three years later. After a substantial discovery, motions to compel, a motion for judgment on the pleadings, and your honor, uh it uh she was a s successor. Uh if you if you simply look at one page of the clerk's transcript, this is page two thirty one, this was the order. Substituting quote successor trustee Nicole Natalie Sam's. In place of deceased defendant Nathaniel Pickett, she steps into his shoes. Further, the um amended complaint that was served on her was only an amendment with respect to an issue that's not even germane to the anti slap motions.
It was an amendment Related to the claim for a violation of the Davis Sterling Act. Со і на цю. All you have to do is look at the plain language of four hundred twenty five point one six in a case called Newport Harbor. Well the plain language of four twenty five point one six says that the special motion may be filed within sixty days of the service of the complaint. Mr. Kasuni, we're quite familiar with that. Could you address the issue of the timeliness of the NODA motion? Yes. With respect to the NOTA motion, Your Honor, I think it boils down to this.
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Chapters
8 chapters
1
What procedural steps are taken at the beginning of the oral argument?
7:14–45:27
2
How do the parties argue the timeliness of the anti‑slap motion?
45:27–59:15
3
What burden‑of‑proof standard does the court apply to the will‑execution issue?
59:15–1:33:17
4
How does the court conclude the hearing and address remaining questions?
1:33:17–2:43:21
5
What is the dispute over the lease’s full‑possession requirement and the option provision?
2:43:21–3:07:59
6
How do the parties argue that the trial court erred on the full‑possession condition and the Second Lease Amendment?
3:07:59–3:52:08
7
Why does the appellant claim the record is incomplete and request a new evidentiary hearing?
3:52:08–4:24:11
8
What are the focus‑order questions about arbitration scope and the applicability of the FAA versus state procedural rules?
4:24:11–4:45:44
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