4DCA Division 3 Oral Argument - 2026/04/20 - Apr 20, 2026

argument

4DCA Division 3 Oral Argument - 2026/04/20

California Fourth District Court of Appeal, Division Three 4h 48m 1 chapter transcribed 9 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

Unknown 0:32

Yeah.

Unknown 1:01

Tricky little.

Justice Motuike 1:30

I just need your name. We don't need a business.

Daniel Weiss 1:32

Oh, okay. Daniel Weiss. Daniel? Okay.

Justice Motuike 1:34

Perfect.

Daniel Weiss 1:37

I have all these business cards and then no one pays them anymore. And then whenever I need one, I'm like, Oh, I don't have one on me anymore.

Unknown 1:47

Okay, all right, good.

Daniel Weiss 2:02

Do you know if they'll be called in the order on calendar or?

Justice Motuike 2:05

Um so you're first on calendar, most likely.

Unknown 2:09

Thank you. Oh LP Right.

Justice Motuike 2:15

No. They're just two cases on calendar same.

Unknown 2:27

It must be interesting the days where it's like uh rotating chairs where they get off and then adjusts come back on and different composition. Yeah, you know, but it's it's so quick that it's like everything together.

Unknown 2:47

So I tell people if there is a panel change, don't step up 'cause it's gonna be Oh yeah, no, it's but I've I've been in calendars where it's several panel changes. It's just like everyone's like the musical chairs. It's like you were there and then you were there.

Justice Motuike 10:47

Yeah.

Unknown 17:43

See I can't see that. Oh, yeah.

Bob Dato 19:09

Yeah, but

Unknown 19:24

Yeah, launch for the yeah. But you can voice it down a little bit.

Unknown 21:26

Ladies and gentlemen, if I can get your attention real quick, um just a reminder of court rules, no eating, no chewing gum, no drinking any liquids uh while you're back there. For counsel when you come up, there's water provided for you. Uh and council when you come up to this podium, this podium is adjustable in height. There's a black button right here. It's a toggle switch, so you just hold it up for up and vice versa for down. Currently it's recording, so picking up any conversation. That's why I asked you to put your volume down. Because it is recording everything you're saying. Alright, so be aware of that. Um restrooms are outside, opposite end, and there is a water fountain out there as well. So there's only two cases today, so it's gonna be pretty quick hopefully.

Unknown 22:01

Um and uh don't read articles that don't particular case, such for the council, such as newspaper, magazine, and so forth. Okay. Uh if you were aware as we're now carrying this body camera, uh it's not recording. It's only when there's something Of an incident, that's when they start the course. Um there is uh hand sanitizer and wipes here, if you want to wipe it out between the two cases. There is no panel change. Um that's pretty much it. Any questions, concerns on council? And for council, these are students that are here to observe, so show them how it's done, right?

Unknown 31:33

I'll rise. Court of Appeal, Fourth of Powell District, Division III is now a session.

Justice Motuike 31:43

Good morning everyone. Welcome. We have two panels this morning. Um I am Justice Motuike. To my right is Justice Sanchez and to my left is Judge Swarm. The first matter we will call is Con versus uh Phillips.

Justice Motuike 32:14

It might be. Council, whenever you're ready you may take the podium and proceed.

Daniel Weiss 32:46

Your Honors, I would like to reserve two minutes in rebuttal if my opposing counsel appears during my argument otherwise. I guess I won't need time for rebuttal.

Justice Motuike 32:57

All right. We'll proceed with the eight minutes and the first part and then um we'll see how it goes. Thank you.

Daniel Weiss 33:03

Thank you, Your Honors. May you please the court. At stake in this litigation.

Justice Motuike 33:09

Could we get your appearance first? Oh,

Daniel Weiss 33:10

I'm sorry. Daniel Weiss of Reeves and Weiss on behalf of all appellants. А стайки. Ізер алоя can hold three Children's educational trusts hostage. In a lawsuit. When the lawyer learns that there is no basis to continue with those claims against the trusts. And that is exactly what respondents John Phillips. And his law firm did in this case. The plaintiffs in this case are three educational trusts that were set up by mister Robert O'Hill for his minor children. They are irrevocable, trusts. They have trustees that are appointed that are responsible for managing the trusts. Mr O'Hill is not in control of them. And when the trust Shot. to obtain relief for the significant harm. That they suffered as a result of being brought into Mr.

Daniel Weiss 34:28

O'Hill's divorce proceeding, which has real consequences today, given the hundreds of thousands of dollars that were spent on fees, the trial court struck