4DCA Division 3 Oral Argument - 2025/12/15 - Dec 15, 2025

argument

4DCA Division 3 Oral Argument - 2025/12/15

California Fourth District Court of Appeal, Division Three 1h 19m 1 chapter transcribed 7 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

Unknown 9:14

Open?

Unknown 13:29

Nobody wants to come and try. Did they a lot of people check in or not yet? No, there's just two people checked in. Oh

Unknown 22:52

I'm D D for D D D V J D.

Jessica McGregor 23:19

Jessica

Jennifer Lepsky 23:20

McGregor.

Jessica McGregor 25:12

Yeah, but

Elizabeth Nigro 25:14

Um so you can't drink it back there. You can only drink it when you come up and it's a little bit more.

Elizabeth Nigro 27:36

Oh, I'm sorry. Elizabeth, now I grow? Okay.

Elizabeth Nigro 30:01

Yeah.

Unknown 32:28

Good afternoon everybody. Welcome to the Court of Appeal. Just a couple of housekeeping items before we get started. Uh I'm sure you guys all saw the restrooms when you first walked in. Instead of making a left, you make a right. The restrooms are out there. Uh while Court is in session, we ask that you uh please don't eat or drink anything. Please no talking to your neighbors. I know it's after lunch, but please don't fall asleep. Uh Please don't need any candy or any chewing gum. If you have a laptop please make sure that your laptop is on airplane mode so it doesn't transmit and also that it's on silent so it doesn't make any noise. Um you can bring your laptop laptop up here if you wish. Um only council and co counsel are allowed up here at council table.

Unknown 33:16

Uh this complimentary water while you're arguing. If you want some water. This is the podium. It moves up and down. There's a black button that's right here. And it'll go up and down for you. This is the microphone, just make sure you speak directly into the microphone so the justices can hear you. And just be mindful that everything is being recorded. Does anybody have any questions? Alrighty. Welcome.

Unknown 40:44

All rise. Court of appeals, fourth approval district, division three is now. Good afternoon, everyone. We have um two panels this afternoon and four matters. The first uh well before we call the first matter, I am Justice Motuike. To my right is Justice Delaney and to my left is Justice Scott. The first matter we'll call is in ray marriage of Elizabeth Nigrel and Daniel Chalk.

Elizabeth Nigro 41:21

Good afternoon, Justices. I'm preparing for today, I was asking myself why I requested oral argument. And there's no opposition. to my appeal and the the reason was I assume the court might have questions for me.

Unknown 41:35

Could we first get your appearance? Good morning. Yes. Good afternoon. Good morning. Yes. Elizabeth Nigro,

Elizabeth Nigro 41:39

I mean

Unknown 41:40

Cooper.

Elizabeth Nigro 41:42

And um I want to acknowledge that I received the court's order last week. And um Judge Claustra already reported those sanctions to the state bar. I received an email from the state bar on February fifth, twenty twenty five. To which I responded within an hour providing information on this appeal. And I received a responsive email the same day from the investigator notifying me that the state bar's investigation would be suspended until the outcome of the appeal. I brought a po copy of the paperwork for the court if the court wants me to uh augment the record after today. It's it's uh or I could provide it right now. I have a copy for the court. So to answer the court's question, I have a duty to report the sanctions if I lose my appeal and I will do so.

Elizabeth Nigro 42:38

The sanctions at issue are CCP one hundred seventy seven point five sanctions, which are quasi-contempt sanctions. That means that they require notice and opportunity to be heard. And a written order reciting in detail the conduct justifying the sanctions. In this case, as to number two, I was denied an opportunity to be heard. the the normal uh due process I was excluded from the courtroom. он болт апл секін тоні тва And May fourteenth, twenty four twenty-four. And this is reflected in the minute orders at five AA ten eighty-eight. And six AA eleven ninety three. Sanctions that are entered without strict compliance or void. The order must be one that the sanctioned person was obligated to obey.

Elizabeth Nigro 43:36

The um former attorney for a party cannot be sanctioned under CCP one seventy seven point five. Енсові аторні канаби санкціон for zealous advocacy. Which The court order Well I'll I'll get back to that. Because the order was very specific that I was Sanction for my advocacy. The party's non compliance cannot be shifted to former counsel. In this case