4DCA Division 3 Oral Argument - 2026/03/16 - Mar 16, 2026

argument

4DCA Division 3 Oral Argument - 2026/03/16

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What procedural issues did Justice Sanchez raise at the start of the oral argument?

Herb Fox 7:10
Good morning.
Unknown 7:20
I am Justice Sanchez. To my right is Justice Gooding. To my left is Justice Scott. And the first case we are on calendar with today is Perez versus State of California. Please come forward.
Unknown 7:54
Good morning. Please have a seat, counsel. Thank you. Good morning. Ms. Perez, please identify yourself on the record, but before you do that, would you like to reserve any of your 15 minutes for rebuttal to the other side? Yes. How much time would you like to reserve?
Jenny Perez 8:12
Three minutes.
Unknown 8:13
Three minutes. Okay, sure. Whenever you're ready, identify yourself, and then you can start your argument.
Jenny Perez 8:18
Good morning. My name is Jenny Perez. I'm the respondent, appellate. representing myself and Jamie Perez. And I'd like to, if I could please the court. Of course, go ahead. I'm sorry. Okay, this case is, it's not about a missed deadline. As if I was late, it was more due to the COVID because it was in the beginning of the COVID when the injury occurred. So we were on lockdown, wearing masks. We couldn't even have a funeral. But the thing is that the respondent makes it sound like I was just late submitting the reports, but they failed to indicate that. I requested the reports. They told me they would be here in March 19th, and they were not ready. They weren't given to me until August 2021. And that's when I found out.
Jenny Perez 9:23
That's what brought rise to the claim. I didn't know that there was excessive force and that there was a dangerous condition. And I didn't know that they did that. So I know that under the so we cannot, the police or the CHP, they have their duty and they are immune However, when it comes to dangerous conditions and excessive force, they have a liability. And I don't know if I'm supposed to explain the whole story, but the CHP was called out to the location for a hit and run. The motorist was still in the car. He did not run. And then they were in fear of their lives. So they brought out the weapons. because they said they were in fear of the tinted windows. And so they brought out their weapons, and they pointed them.
Jenny Perez 10:28
And I believe that's when the motorist, my son, flinged open the door. And this is going by the CHP's report. Flung open the door and started to run. And the location there is a very misleading jersey on the overpass. He must have slipped and fell, and then he got hit by a car, and he was killed instantly. Nobody stopped the traffic. And I think that's the CHP's role. When they go out and they get a call, they're supposed to make the public safe and the motorists safe, everyone safe. I guess they just wanted to make themselves safe. They were in fear of their life. And I could understand if you're in fear of your life. I guess the tinted windows or whatever the Anaheim dispatch told CHP, which I don't know because I didn't get the reports from Anaheim.
Jenny Perez 11:18
They pulled their weapons out. And so I don't know what they were told about, you know, the motorist. If he was, you know, they say they only pull the weapons out if it's an imminent situation as if he was going to kill himself or he was going to harm someone else. But that wasn't. So I don't know exactly what was told to CHP and what was going on in the minds of the CHP's officers. What made them both at the same time draw their weapons? They knew something. They were both scared of the tinted windows at the same time. And even one of the officers said, I was only called out here for a hit and run. But mind you, the motorist was still in the vehicle. He did not run. But I guess they didn't know that because the tinted windows, and then they just drew their weapons.
Jenny Perez 12:08
And I believe if they wouldn't have drawn their weapons, my son wouldn't have ran, or the motorist wouldn't have ran, and maybe he would still be here. I just clearly want to understand why the officers brought out their weapons and escalated the situation instead of de-escalating the situation. And so that's about it, I guess. Okay.
Unknown 12:38
You can reserve the rest of your time. You have quite a few minutes left. So if you want to reserve the rest of your time to reply to the respondent, you certainly can.

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