4DCA Division 1 Oral Argument - 2026/09/14 - Sep 14, 2026
argument4DCA Division 1 Oral Argument - 2026/09/14
California Fourth District Court of Appeal, Division One
3h 37m
8 chapters
transcribed 4 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What courtroom procedures and technical instructions are given at the beginning of the oral argument?
We need to care.
So council can come set up. Thank
you very much.
Okay. Thank you.
Please make sure you're just the podium using the switch on the right side here. So the microphone is pointing at
your chin. If you don't adjust it, it won't be able to hear you. And they'll stop the argument to properly use the podium. Get to use the restroom and come back through security screening coming inside the courtroom.
The appellate table is here to my right. While the court is in session, please keep talking and noise down to a minimum. Any questions for me before we get started this morning? Thank you.
Thank you.
Well,
good morning. Welcome to the Court of Appeal. With me on this first panel are Justice O'Rourke to my right, Justice Doe to my left. We do have two panel changes, but keep in mind that on all of the cases, we're very familiar with your briefs. So just focus on those issues that you think are most critical. We'll start with Ricky versus Nielsen. Are you Ms. Ricky? Yes. You may approach the podium. Please state your name and let us know if you wish to save part of your 15 minutes to respond to the
other side. Tracy Rickey, appellant in pro per. I'd like to reserve five minutes for response. All right, you may proceed. The right to be heard must require more than merely offering a forum where a plaintiff can speak and write words. Because the plaintiff could speak and write words into a vacuum. But the very act of hearing necessarily focuses on the listener, the recipient of the plaintiff's speech. If nobody understands the plaintiff, then the plaintiff is not heard. The due process violation occurred when the court, not understanding that which was pled, applied procedural bars to that which it did not understand nonetheless and without response to virtually anything I said. No matter its claims, the court did not liberally construe the pleading because the court found the complaint unintelligible.
And so from its view, there was nothing that could be construed at all, least of all liberally. The San Diego court exercised its power to adjudicate without fulfilling its obligations to hear and consider the plaintiff first. And this was most overtly done when the court moved the remaining hearings off calendar on the grounds of prematurely determining to apply more procedural bars not yet discussed and again without response to any counterpoints. This lack of hearing the plaintiff is exacerbated by the lack of a record, a verbatim transcript, of what occurred throughout the four hearings. Family Violence Appellate Project v. Superior Court was decided on August 10th, and it takes a very broad definition of indigence, one so broad that it could apply here to all parties by way of the trust upon whose distributions I depend for health care.
Applying FEAP's broad definition of indigence to all parties here by way of the trust that bears the legal costs of all defendants removes competing financial motives that a court might otherwise hold, which could motivate dismissing a case to preserve its own resources. FEAP concluded by saying that regardless of whether reporter-generated transcripts are better than electronically generated ones, a verbatim record created by electronic Chronic recording is better than no record at all. That concluding principle applies here, because if the trust that pays for my health must bear the costs of reporters for all defending parties, then I would be forced to desist in litigation in order to preserve ongoing treatment, and so there would be no record at all.
FEAP does not resolve the infringement of requiring the plaintiff to request a record, though. Because appellate review is a right, a verbatim record that is crucial to its fulfillment is necessarily a right itself. Following, the court has to provide that record or, at the barest minimum, inform the party that a verbatim record may be necessary to preserve the right of review and acquire the party's waiver of it. Without that duty to inform and acquire waiver, the court holds a power to conceal its own conduct.
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Chapters
8 chapters
1
What courtroom procedures and technical instructions are given at the beginning of the oral argument?
7:36–32:26
2
How does the appellant Ricky vs Nielsen present her due‑process and record‑keeping arguments?
32:26–55:26
3
What are the key issues in the MLA Capital LLC versus Linda Cagle mechanics‑lien case?
55:26–1:42:15
4
How does the Imperial County Public Administrator case raise standing and title‑ownership questions?
1:42:15–2:12:30
5
What does the court’s order mean for the mechanics‑lien release bond under sections 8424, 8480, and 8490?
2:12:30–2:15:11
6
How do the parties argue about attorney‑fees awards and the potential perverse effects of the court’s order?
2:15:11–2:20:48
7
Why does the discussion shift to the criminal appeal in People v. Aron Gore?
2:20:48–2:25:29
8
What are the key arguments in the Palm Springs school‑district summary‑judgment motion and the subsequent Mojdehi defamation case?
2:25:29–3:37:38
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