4DCA Division 2 Oral Argument 2025/10/07 Afternoon Session - Oct 07, 2025
argument4DCA Division 2 Oral Argument 2025/10/07 Afternoon Session
California Fourth District Court of Appeal, Division Two
2h 5m
8 chapters
transcribed 7 days ago
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What procedural rules govern the Court of Appeal’s oral arguments?
Well
How are you? Well how are you?
Are you Rhonda? Yes. Matt Murray from DA's office.
Oh okay. Nice to meet you.
Oh, because I'm on this side of that.
Good afternoon. My name is Rhonda and I'll be the clerk in the courtroom this afternoon. Please note that when your case is called, you will have to unmute your device. Please refrain from fidgeting with your devices when other cases are being heard. Thank you.
Oh, really?
Yeah.
Pretty differently.
Just take one.
So they're coming up. Yeah.
For some.
Yeah, it's possible.
Okay. Thank you.
All right. Bye.
That's
Yeah.
I can't see this.
That's just two.
Okay.
Two.
Yeah. All right.
Good afternoon, and pleased to be seated. And welcome to uh the Court of Appeal here in Riverside. My name is uh Doug Miller and I'd love to introduce my colleagues, Justice Codrington. And Justice Rafael. And I understand we have some guests here today. And is Nancy here? So maybe if you could introduce these are mock trial students from Santiago High School in Corona and I think there's some attorney coaches here also. But maybe you could take just a minute to introduce us to them and then kind of tell us what they're uh involved in as mock trial students.
I want to be interpreted by channels. long trial students who appear today are all champions on our team from the Science Long Trial Program. And what the students do is they put on a trial. This year our competition is a is a murder case, criminal case. So they start with pretrial, uh some some pretrial motion to exclude evidence. And we thought this would be valuable for the court of appeal argument because they're in some ways analogous to the pre-trial arguments. They also they take witnesses, they do openings, they do closings, and it's a statewide. So
Well we appreciate you coming here and uh You will uh have the opportunity to see a number of attorneys and a number of different justice changes for today and you'll get the opportunity to see each how they approach it, from family law to criminal to civil. So we're glad that you're here and hope you enjoy it. So welcome. We'll call the first matter on our calendar Inray the Marriage of Clemens and Dinah Steiner. And I believe the appellant is appearing uh remotely. Remotely. And so if you could Please state your name for the record and spell your last name for the clerk.
Yes, hello. My name is Doctor Dina Marie Sean. And Sean is spelled S is in Sam, C is in Charlie. H is in Happy, O is an Oscar, N is in Nancy.
Welcome. And I just wanted to make one make sure that you had received a copy of our tentative ruling.
I did, yes I did.
And you've had the opportunity to read it?
I have, yes.
All right. And there's no appearance for respondents. So you have the right then to uh take uh a full fifteen minutes. Again, welcome. Thank you for being here and you may proceed.
Thank you and thank you, Justices, for the opportunity. to um I just heard a story about Maxie Feur and I Deem myself the maxiphiler for my children because they deserve to be advocated for, uh especially when it comes to child support.
Um
the first thing
can I just say something to start off with? If if yes if you've had an opportunity to read the tentative and I'm not trying to cut you off in any way and we won't even include this part in the time. Um but if you've read our tentative opinion, you know basically what we have said is that we don't have any jurisdiction to hear this matter. So that's why our disposition wasn't to affirm or reverse but was to dismiss it, to dismiss the appeal. And the reason is is because we get our jurisdiction from an order signed by the trial court. There has to be an order and a judgment signed by the trial court. And we don't have one that wasn't provided by you. So that's why we're dismissing. So argue whatever you want, but hopefully you'll get to that
question. Oh all right, I'll get to that first. 'Cause there were actually in the in the ruling there were several areas that were um needing to be addressed and corrected, one being who I'm actually appealing. I'm not appealing Judge Frangi, who had said I'm appealing.
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Chapters
8 chapters
1
What procedural rules govern the Court of Appeal’s oral arguments?
0:59–21:56
2
How does the court determine whether it has jurisdiction over an appeal?
21:56–37:23
3
What is the legal meaning of “victim” under Penal Code §236.15?
37:23–53:47
4
How do the parties argue the timing and “direct‑result” requirement for relief?
53:47–1:15:22
5
Why does the tentative opinion say the appellant lacks a signed trial‑court order?
1:15:22–1:28:07
6
What standards must be met to prove substantial emotional distress in a harassment case?
1:28:07–1:41:54
7
How do the judges explain the role of statutory interpretation versus legislative history?
1:41:54–1:52:45
8
What advice do the judges give to law students about careers and the appellate bench?
1:52:45–2:04:56
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