4DCA Division 2 Oral Argument 2026/09/01 Morning Session - Sep 01, 2026

argument

4DCA Division 2 Oral Argument 2026/09/01 Morning Session

California Fourth District Court of Appeal, Division Two 2h 52m 8 chapters transcribed 22 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What happens during the initial roll‑call and opening of the morning session?

Unknown 0:31

Justice McKinson, can you hear me?

Justice McKinster 0:35

Yes, I can. In fact, that's uh why I was contacting you. Uh it's Betty Wright in uh acting as the uh courtroom clerk this morning.

Unknown 0:42

Yes, this is Betty.

Justice McKinster 0:44

Thank you, Betty. Uh am I coming through loud and clear?

Unknown 0:47

You are, Your Honor.

Justice McKinster 0:49

Oh great. I'm going to uh wait for the uh first panel to assume the bench. Mm. And uh then I'll uh I'll call the court to order. We'll we'll start with the first case. So I'm gonna mute for right now and uh I'll just see you then in about uh Five minutes.

Unknown 1:06

Okay, great. Thank you, Your Honor.

Justice McKinster 1:08

Thank you, Betty.

Justice Codrington 8:31

All right.

Justice Miller 8:40

I know Justice McKinster will be online in just a second, but please be seated and welcome.

Justice McKinster 8:46

All right. Th uh thank you, Justice Miller. Uh ladies and gentlemen, this is the uh first of three panels that will be appearing on the morning session. Uh this panel is assembled to hear just one case. It's the first matter on uh calendar. Um my name is uh Justice McKinster. Uh I regret that uh I'm appearing remotely today. I'm not unable to be in the uh courtroom. Uh with us is uh Justice uh Douglas Miller. Morning. And Justice Carol Codrington.

Unknown 9:17

Good morning, ladies and gentlemen.

Justice McKinster 9:19

And with that I'll just go ahead and call our first case. It's the uh Menafee neighbors uh versus city of um Menafee, the real party in interest is uh Uh Mr. Carwash. If we can have those parties come forward, I also understand that we have a representative from uh Rutan and uh Tucker who is uh uh repairing remotely and I understand the gentleman's name is Mr. Owens. And Mr. Owens, are you with us, sir?

Jacob Aronson 9:46

I guess, sir. I'm I'm here in person now to know it.

Justice McKinster 9:49

I'm I'm sorry. Uh I uh was originally told that the that would be uh remote, so that's been a slight change. So uh w with that, uh besides Mr. Owen, uh I'll ask that uh first of all the uh appellant uh state their their uh appearance for the record and if they would spell their last name for the record, please.

Joseph Klapich 10:11

Yes, uh Joseph Klapich appearing for the appellant and the last name is uh K L A P A C H.

Justice McKinster 10:18

Thank you. Thanks, Mr. Clapic. Uh that's necessary for our our uh our clerk. Uh And uh I will ask uh then first uh the other respondent, uh for the real party in interests if they would state uh their uh uh appearance for the record, please.

Heather Riley 10:35

Sure. Good morning. My name is Heather Riley. Last name is spelled R-I-L-E-Y on behalf of Mr. Carwash and Trevor Buell.

Justice McKinster 10:45

Uh thank you, Ms. Riley. Uh uh Today will we be hearing from both respondents? Have you worked out a time arrangement or will one of you be carrying the laboring ore?

Jacob Aronson 10:56

The real party next to carry laboration.

Justice McKinster 10:58

I I I I suspect it as much, but I wanted to make the make that clear.

Jacob Aronson 11:11

Yeah, uh thank you. Jacob Aronson, A R O N S O N, um also with the real parties of interest, but my colleague Miss Riley will be arguing.

Justice McKinster 11:22

It's the uh Thank you, Justice Miller. Uh my view of the courtroom is kind of postage stamp at this at this stage. Uh but we'll invite the respondents to to take a seat. Uh w uh Mr. Klappish, you have a tentative opinion that is favorable to you uh if it were to become the final uh opinion um in the case. Uh both sides have a total of fifteen minutes to argue the case. Uh you can proceed in any way that you like. Uh you can address anything uh uh that you would like in the tentative opinion. Uh you could save your whole fifteen minutes. Uh it's really up to you how you want to proceed. What would you like to do, Mr Clavich?

Joseph Klapich 12:02

Uh well your honors, I wholeheartedly agree with the tentative decision. Uh so if unless there's any specific questions uh that you would have for me, then I would just reserve uh all of my time for rebuttal.

Justice McKinster 12:14

Thanks, Mr. Clappridge. Uh I have none. I'll inquire the panel uh just Justice Miller, any questions at this time?

Justice Miller 12:21

No, I'll I'll wait till the response.

Justice McKinster 12:24

Uh and in Jessis Codner intended.

Justice Codrington 12:26

I have none, thank you.

Justice McKinster 12:27

All right, we'll we'll uh see what happens, uh uh uh Mr. Clappich. You do have the right to open uh and close. Uh the fact that you're waving your initial argument does not change the order of argument. So go ahead and have a seat and then we'll uh uh invite uh Miss Riley uh to the podium uh and uh we'll entertain her comments at this time.