4DCA Division 1 Oral Argument - 2026/06/09 - Jun 09, 2026
argument4DCA Division 1 Oral Argument - 2026/06/09
California Fourth District Court of Appeal, Division One
3h 2m
7 chapters
transcribed 1 month ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
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Please enter the meeting passcode followed by pound. You are in the meeting now. There are four participants in the meeting. This meeting is being recorded.
I guess. Right. So it's five years a month.
Yeah, just mention the importance.
Good morning. This is Martha from the clerk's office. I will be doing a quick check-in. Um, I believe we only have one attorney, and it's Alvin Gitrit Spungel, if you can just uh speak up and say your name just to make sure that we s have audio.
Yes, thank you. Uh thousand tennis revoltable.
Okay, thank you. Uh we're still having some technical difficulties, so you will only be audio. There is no v video available. Okay.
I'm sorry, I couldn't hear you.
I said that there is no video, um, so we're only gonna have you on audio. Okay. All right. Thank you.
Thank
you.
Maybe Mommy.
Good morning again. Uh we should be getting started in a few minutes. But before we get started, I just want to let you know, council's table on your left is for the appellants, and on the right is for the respondents. Um there's water available at the council table for you. Other than that, there's no drinking, eating, or gum chewing in the courtroom. And when you're up here arguing, make sure you speak clearly into the microphone. That'll have the justices hear you better and also the proceedings are recorded. The height of the electron is adjustable with this switch right here. Okay. Other than that, any questions for me? Okay, this is the time and we should be getting started in a few minutes. Thank you.
We will miss one.
I see everyone I see an respondent uh this change turning for the first case. Yeah, yes, but it's different. The resp the respondents yeah, the respondents council is not here yet.
So
versus the DSM colour present. Okay, yes, they're all present.
In this one, you need to and our second thing coming to
They uh Alyssa called in um and left her voice and he did not answer as well.
zero seven three. Stand by because then how it's not always.
Easy problem is to just say I just win.
It is attorney Stephen Horvath. Or responded. Oh, I only have one listed. There's two appellants, but there's only one respondent. Uh yes, if they're about to find it, yes. Yes. Okay.
Yes. Uh no he managed the rest of the city.
All right. The Court of Appeal of the State of California for the College District Division One in now in session with the Honourable Terry O'We.
All right, we're going to hear our last matter on calendar this morning. Uh Hemenus versus the city of San Marcos. We have Ms. Ness present with the appellant. If you'd like to step forward and now it's your appearance for a take recording.
Good morning, Angela Ness for the appellant.
Now the microphone will Well adjust if you uh bring it closer to you, it will hear you better.
How's that? Better?
Better.
Okay.
Now you've asked for fifteen minutes, I believe. Would you like to reserve some of that? Oh, ten minutes. Nope. Fifteen. You wanna reserve some of that time to reply?
Yes, I'd r like to reserve five minutes for a rebuttal. Okay. Good morning. May it please the court. This appeal presents a classic summary judgment error. This case is about a dangerous condition that existed long enough in a location used daily by many pedestrians that a reasonable jury could find that the city should have discovered it and remedied it before the fall took place. Importantly, the trial court's own remarks show that this was treated as a close case, and the decisive issue was whether the city's inspection practices would have identified the protruding remnant. The hearing transcript confirms that issue is not fully answered as a matter of law. Under government code eight thirty five point two B, that's a tribal factual issue, not a ground for summary judgment.
So in this case, the evidence viewed uh in a light most favorable to the appellant shows number one, a protruding remnant of a traffic sign base extending several inches above a busy sidewalk.
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Chapters
7 chapters
1
How do participants join and navigate the Zoom for Government courtroom?
1:49–45:14
2
What constitutes constructive notice for a city’s sidewalk hazard?
45:14–58:21
3
How often should a city inspect sidewalks to meet due‑care standards?
58:21–1:30:37
4
Should the reasonableness of the inspection system be decided by a jury?
1:30:37–2:02:41
5
What defines a pervasive and hostile work environment under FIHA?
2:02:41–2:15:09
6
How is substantial evidence evaluated in sexual‑harassment claims?
2:15:09–2:29:50
7
How does delayed extradition affect a defendant’s right to a speedy trial?
2:29:50–3:02:31
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