4DCA Division 3 Oral Argument - 2026/01/22 - Jan 22, 2026
argument4DCA Division 3 Oral Argument - 2026/01/22
California Fourth District Court of Appeal, Division Three
1h 51m
1 speaker
8 chapters
transcribed 7 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What procedural steps are taken at the start of the oral argument?
Let's get through things.
Christopher Bunge.
Okay, got you down for ten minutes for argument? Okay. I do not. Okay. And is this your client? That
is my client, yes.
Okay, and so they'll be seated in the audience? Okay, that's fine.
Okay, that's a lot of things. Have you done for thirteen? Yes, thank you. I'm joining. No, when when they call your case you at the beginning after you state your appearance you can indicate your own hard line to your service right now. Okay. And they'll keep you they'll keep you on track. Yep, take it. Hi. Oh nice to make sure that very good. Well, that's how they listen. Sometimes they change it up, but for the most part they kind of stick to the words. Right. Yeah. You're welcome. But not until nine thirty, so you still have a little time. Me or you have to it it has to be a they don't want to be in the audience. But you're welcome to There is a water fountain outside. Oh yeah, oh thank you. My client is coming in.
Oh That you might have to well I don't know because usually each case is like thirty minutes.
Yep. So do I need to give you the names and that sort of thing?
No, they just they aren't allowed to sit
Are they in route? Uh the observers are in route, the par parties of interest?
Yeah, those they're um they're the in house counsel for the university.
Okay, gotcha.
Yeah, okay. Morning everyone. If I can get your attention real quick, just a reminder, no eating, no chewing gum, no drinking any liquids while you're back there. Council, when you come up, there is water provided for you. Uh this podium is adjustable in height. Uh there's a black button right here. It's a toggle switch, so just hold it down for down and vice versa vice versa for up. Currently it's recording, so to pick up any conversations, minute, it's far back from the room. Uh don't read articles that don't pertain to your case, such as newspaper magazines and so forth. We all kind of know where the restroom is and there is a water fountain out there. Um if you get thirsty between there is a panel change but it's really quick, so don't step out too long if you are the on the second panel.
Okay? Any questions, concerns? No? And then the clock is we shouldn't expect the clock to be working. Is it okay? It's not working. But they will remind you. If you tell 'em how much time you need, they will remind you. They have their own clock and they're on the other side, so not to worry about that. Apparently it works when I just keep touching. I don't know if I'll be doing that. Uh and that those are that are here to observe, you're just here to observe. You can't be uh speaking up or in disagreement or uh in agreement with whether statements are giv being given. Uh and only council can come up to the bench. All right. Thank you.
Yeah.
Okay. How are you? How are you? Let me get my calendar. Maybe arguing?
Yeah, I'm checking for uh objects here for the
Okay, so I only have Miss Crosby arguing. You can be seated at the table, you wouldn't be allowed to speak. Okay. Okay. You're welcome. Let me get your name since you'll be spelling for me.
All right, great, thank you.
I think you've seen a laptop before. Yeah, put on everything.
All right.
Good morning everyone and welcome. We have two panels this morning. The first with three matters. The first matter we'll call Oh first introductions. I'm Joanna, Justice Motowike. To my right is Justice Gooding and to my left is Justice Scott. First matter we'll call is Moorefield Construction versus Steve Pantalamont.
Run as our pellets ready.
Thank you. Um and good morning. Um I would uh um if it please the court, I'd like to start by addressing some
Can we first have your appearance, please? Oh
yes, I'm sorry. Uh Joe O'Connor on behalf of appellate.
Thank you. And uh Mr. O'Connor you've reserved fifteen minutes. Do you wish to reserve any of those fifteen minutes for reply?
Uh three minutes if I could please. Certainly. Thank you. Um I I I I'm assuming and I know the panel has always been efficient in reading the briefs. Um so I'm gonna try not to um reiterate some of the the comments that I made on the briefs, but I would like to start by addressing the intent issue of
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Chapters
8 chapters
1
What procedural steps are taken at the start of the oral argument?
5:16–29:00
2
How does the appellant argue that there was no intent to defraud in the Moorefield Construction case?
29:00–41:56
3
What standard of review does the court apply to the bench trial findings?
41:56–1:01:11
4
Why does the appellant claim the trial court erred in excluding comparator evidence?
1:01:11–1:13:50
5
How does the non‑suit ruling against Automation affect the appellant’s claims?
1:13:50–1:30:00
6
What juror misconduct allegations are raised and how might they have impacted the verdict?
1:30:00–1:40:15
7
How does Chapman University’s contract claim differ from the earlier construction case?
1:40:15–1:49:48
8
What are the final conclusions and orders issued by the appellate panel?
1:49:48–1:51:14
Speakers
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