4DCA Division 3 Oral Argument - 2026/06/15 - Jun 15, 2026

argument

4DCA Division 3 Oral Argument - 2026/06/15

California Fourth District Court of Appeal, Division Three 2h 58m 8 chapters transcribed 1 month ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What administrative and procedural matters are covered at the beginning of the hearing?

Unknown 4:45

I am

Unknown 8:48

Okay.

Unknown 9:05

I I

Unknown 9:28

After today there will be other externs welcome. Good morning, council. How are you? How are you? I'm fine and Jackson. Yes. Okay, I've had the time message for Oh, council at the table would do an argument. No, I'll check in. Thank you. Good morning, ladies and gentlemen. If I can get your attention real quick, just a reminder, no eating, no chewing belt, no tricking any liquids while you're back there. But counsel, when you do come up, there is water provided for you up here in the front. Uh this podium does adjust in height. There's a black button right here. It's a toggle switch, so you if you hold it down, it'll go down, vice versa for up. Just adjust to your height so they can properly hear you. Uh currently it's not recording, but if it's uh LEDs turns red then and uh it's recording and it picks up

Unknown 10:14

any small conversations. Uh soon you'll see some uh students coming in, they're um from the public law center, they're externs from the public law center. So just be aware that you'll have an audience uh watching you. No, see how how you guys do it, right? How you guys do it, right? The right thing. Um, don't read articles, don't particularly your case, which is newspaper magazines. Um restrooms is outside, opposite end. There's a water fountain in the uh on across from the restrooms if you need to use the water before your case is heard. I don't believe we have a panel change. I think we're all pretty much straight four. Straight through. Oh, you have one panel change? I'm sorry. We could have a panel change.

Unknown 10:51

But it's really brief, so don't step out too long if you're on the second panel. Um and I think we're still missing one person. Okay. Thank you.

Unknown 17:11

Thank you. Yes, I've gotten. Thank you.

Unknown 22:12

All right. Portobiel, what about the three the big three out of? Morning. Welcome to the Cruise Reynoso Courthouse. I'm Justice Delaney. To my right is Justice Gooding. To my left is Judge Schwart. Today we have three matters on calendar. This panel will call the first matter and we'll take a brief recess for a panel change. The next panel will hear the second two cases. The first matter on calendar for this morning, Sunset Beach and Marina versus Capital Specialty Insurance Corporation. Mr. Uh Washington. We can see you, can you hear us?

Dale Washington 22:47

Yes, your honor, thank you.

Unknown 22:49

All right, very well. And we have uh Ms. Orr sitting at re at uh respondents council's table. Mr. Washington, you have uh requested fifteen minutes for your argument before you begin. By giving your appearance, would you like to reserve any of that time for response?

Dale Washington 23:04

Uh yes, Your Honor, I would reserve um three minutes for response. Very well. You may proceed with your uh appearance. Okay. Um This is a construction defect and resulting damage duty t to defend case. Washington, please give us your formal appearance before you begin your argument. Excuse me, Your Honor, Dale Washington, representing uh the appellant. Thank you. May perceive. May may be heard. Thank you. Uh this is a duty to defend case about uh rain damage and its effect on a completed product. The um appellant raises three issues. First of all, uh myself, Dale Washington, had uh miscalendared the opposition and the trial court refused to to give me any relief on it. There were some special facts, and those were that the

Dale Washington 24:16

uh case had been switched between courts uh twice. And there was a need to call into the court. or the for the hearing date. And during that time um my colleague from the other side and myself had agreed that there was another deposition that was going to take place, someone named Skiba. And opposing counsel and insisted it be toward the end of the month. And as these converged, um I wa I'm a sole practitioner and I was cranking out a uh pellet brief. I don't remember if it was for this panel or Los Angeles, but it was uh, you know, all consuming. And then late on a Friday afternoon I get a notice of no opposition, uh, too late to get to raise anybody down in the in the department. I couldn't I worked all weekend um what I I could and on Monday when I contacted the apart the department there was no they were dark and and I couldn't get an ex party on calendar.