4DCA Division 3 Oral Argument - 2026/09/22 - Sep 22, 2026
argument4DCA Division 3 Oral Argument - 2026/09/22
California Fourth District Court of Appeal, Division Three
3h 10m
8 chapters
transcribed 1 day ago
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Transcript
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What opening remarks and case introductions are made at the beginning of the oral argument?
On the rise. Puerto Hill, Puerto File District, division three. Right.
Good morning, everyone. We have uh two panels this morning, three matters. I am uh Justice Motuike, to my right is Justice Moore, and to my left is Justice Mcowe. Mm-hmm. First matter this morning, Lowe versus C A m C M holdings.
Morning, Justices. Same power appearing on behalf of the plaintiff, appellant consum law. Good morning. Yeah, I begin you on that. May please the court, um, same part for plaintiff appellant punching law. I'd like to reserve five minutes for rebuttal. Um, Mr. Park, I don't believe Respondents Council is uh appearing today. I believe he Is not appearing actually. I don't believe it's the story. Okay, so you don't have to reserve any time. You could take your full fifteen minutes if you'd like. I will do that. Okay. Thank you. This appear presents a narrow question. Does Labour Code Section two hundred point three prohibit an employee from naming and litigating against an alleged successor employer until after employee has obtained the final non appealable judgment against the predecessor?
The answer is no. We'd like to first distinguish the condition of liability from procedural sequencing of initiating a lawsuit, because there that's where the confusion and ambiguity starts. Section two hundred point three limits the condition where successor liability can be imposed.
How does counsel frame the narrow legal question about Labour Code §200.3 and successor liability?
It requires a final judgment, expiration of the appellate period, and no pending appeal. We do not ask the court to disregard any of these requirements. We only ask the court to distinguish that liability condition from the separate procedural question of when the alleged successor may be named, joined and litigated for successorship. The statute does not say that an action against a successor shall not be commenced until judgment finality. It does not say that a successor may be sued only in a separate post judgment section. And it does not say that an employee must first finish all proceedings against the predecessor before alleging that another entity is a statutory successor. The plain language of the statute does not
contain any language that either permits or prohibits initiating a concurrent lawsuit against the successor. Such language does not exist there. That commission matters. Because the legislature knows how to impose an express sequencing restriction when it when it intends to do so. For example, the legislature could easily include phrases such as no action shall be brought or initiated before, no lawsuit may be filed before or prior to commencing an action, etc etc. The statute here instead describes the type of debt for which a successor may ultimately be liable. wages, damages and penalties and person to a final non appealable judgment. I'd like to direct the course's attention back to the opening language of the statute.
і старц вид Or successor to a judgment that I shall be liable for Any list of subject items. And if we switch this to a question form, it has one simple switch it to a what? One style switch to a question. form. If we s switch this to a question form It asks asks one simple question. For what shall a successor to a judgment that are be liable? Section two hundred point three Is an answer to that question. is a final judgment for which all appeals are expired or exhausted. This statute is about what it's not about when. Respondents uh respondent treats the word liable as if it answers the distinct procedural question as well. It does not. A defendant is not ad adjudicated liable just because it is named in a complaint.
A lawsuit itself is a procedure through which the court determines whether the statutory conditions, including successorship, are satisfied. Under the appellant's reading, no judgment can be enforced against the CM holdings unless and until the predecessor judgment has become final. Therefore, the final little language retains its full effect. Then why did the legislature include the phrase such as the judgment there, final judgment and after the time to appeal therefrom has expired?
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Chapters
8 chapters
1
What opening remarks and case introductions are made at the beginning of the oral argument?
9:25–11:22
2
How does counsel frame the narrow legal question about Labour Code §200.3 and successor liability?
11:22–15:53
3
What distinction does the appellant draw between liability conditions and procedural sequencing of lawsuits?
15:53–23:13
4
Why does the discussion shift to block‑billing objections and the court’s handling of fee awards?
23:13–1:35:05
5
Why does the court reject the RFA objections and deny attorney‑fees recovery?
1:35:05–2:06:40
6
How do the parties argue about the proper method for calculating attorney’s fees (Lodestar vs. reasonableness)?
2:06:40–2:31:22
7
Is the court required to award 100 % of the prevailing party’s fees in a domestic‑violence restraining order case?
2:31:22–3:03:46
8
What are the final arguments and rulings before the case is submitted for recess?
3:03:46–3:03:50
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