4DCA Division 1 Oral Argument - 2026/05/13 - May 13, 2026
argument4DCA Division 1 Oral Argument - 2026/05/13
California Fourth District Court of Appeal, Division One
4h 8m
8 chapters
transcribed 1 month ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What courtroom procedures are explained to the attorneys at the start of the session?
Good morning, welcome to the court of people. A few things before you get started this morning. When you come up to argue, please make sure you adjust the podium here using the switch on the right side. So the microphone is pointing to your chin. If you don't, the justices will not be able to hear you and they will stop you mid-argument to properly adjust it. The appellate tables to my right responded to my left. If you have to use the restroom, you have to come back to your screen and you come inside the courtroom. Any questions for me this morning? Well thank you, appreciate it.
First night. Mauricia versus Malicia. Uh I think I'm not very common
for it. Our carbon is police here.
Yeah.
We think so.
Yeah,
Good morning everyone. Please have a seat, make yourself comfortable. Uh I am joined on this first panel of this morning uh by Justice Kellity to my right and Justice Rubin to my left. We're going to hear the Mauricia case first, and then we will take a break for a panel change, and then we will be back to hear the remaining two cases. So uh with that uh Mr Mauricia? Yes. Um feel free to approach the podium. Uh it is adjustable with a button on the right hand side if you need to be h either higher or lower. And uh Let's see. You have uh requested uh I think eleven minutes or estimated eleven minutes, is that right?
That's right. I should only need five minutes for my statement and then I uh would open it up for any questions. All right, that's certainly uh
that's certainly fine. So whenever
you are
ready, please begin.
Thank you. May please the court. Good morning, Your Honors. My name is Juan Carlos Mauricia, appellant, appearing in pro-per. This appeal concerns a post-judgment income withholding order that was issued and enforced without proper service, without notice sufficient to satisfy due process, and despite undisputed evidence that there were no support arrears and no history of non-payments. Parties resolved all issues through private mediation. And entered into a written marital settlement agreement in October 2024, which was adopted by the trial court and entered into judgment. That agreement established child support in the amount of two thousand five hundred and one dollars, payable on the first of the month by check.
The central issue here is not whether child support may be enforced with wage withholding. The issue is whether procedures required by California law and constitutional due process were followed before materially altering the payment mechanism and enforcement structure of an existing judgment. They were not. Firstly, there was no proper service of the post judgment withholding order as required uh under Family Code Section two fifteen, and there's no proof of serve proper service uh in the record. I only discovered uh the wage garnishment in my pay stubs months later. Marriage of Rodin establishes that failure to properly serve uh Opens the decision up to collateral attack at any time. Second, I was denied an opportunity to participate in the withholding.
Mauricio, before you move on to number number two, um the the statutory scheme that applies to wage orders, um It's it it seems And this is just my reading of it, but but but it seems like it may contemplate a different way of providing notice to uh obviously you were aware of the judgment and and so forth. Statute says if there's a judgment and child support is ordered, then the court has to provide a uh a wage assignment order. And and the procedure seems seems to be that the order is given to the oblig, the the the the person receiving the support uh payments, who who then provides it to the employer of the person who's going to be paying, and it's the employer then who has to notify the employee.
And and is that an alternative way of providing notice?
I I submit that it is not for a couple of reasons. Number one, I was never notified by my employer. And so Uh while some employers may be aware of those procedural requirements, my employer is based in Michigan. They're not necessarily experts in California law.
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Chapters
8 chapters
1
What courtroom procedures are explained to the attorneys at the start of the session?
21:54–55:29
2
How does the appellant begin the Mauricia post‑judgment withholding argument?
55:29–1:19:04
3
Why does the appellant claim the trial court erred on procedural safeguards and evidence exclusion?
1:19:04–1:42:38
4
What are the key issues raised in the ALS United versus ALS Association anti‑SLAPP dispute?
1:42:38–2:29:32
5
What relief is the appellant seeking regarding the probate court orders?
2:29:32–2:50:46
6
What arguments does the court‑appointed guardian present about the probate orders?
2:50:46–3:22:04
7
How does Soberlife argue the applicability of the forum‑selection clause?
3:22:04–4:06:52
8
What errors does the appellant allege in the trial court's mental‑health diversion ruling?
4:06:52–4:08:17
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