Court of Appeal 4th District Division 2 Oral Argument Tuesday 1/6/2026 AM Session - Jan 06, 2026

argument

Court of Appeal 4th District Division 2 Oral Argument Tuesday 1/6/2026 AM Session

California Fourth District Court of Appeal, Division Two 2h 16m 8 chapters transcribed 10 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What does the court’s opening introduce and who are the participants?

Eric Mesa 8:03

All right.

Manuel Ramirez 8:08

Thank you very much. Like ladies and gentlemen keep me seated. That's all good morning. And uh happy new year to all of you. We all have An abundance of health and happiness and maybe even a little prosperity along the way. It's always a pleasure to introduce my colleagues appearing before you this morning, whether in person for uh the introduction or uh those viewing this virtually. On my right is Justice McKinster. Good morning everyone. My name is Manuel Ramirez and I'll preside over the balance of the calendar. And our colleague Justice uh Miller for this particular panel is appearing virtually. Justice Miller, good morning.

Justice Miller 8:49

Good morning.

Manuel Ramirez 8:51

How are you? How are you doing?

Justice Miller 8:56

Great.

Manuel Ramirez 8:57

Good. So let's ladies and gentlemen, let's begin with the very first case, the matter involving uh uh Mesa versus uh Shaw. We have someone in person and someone remote, so Uh Believe us, Mr. May. Step forward, please. Oh there. Of course. Good morning.

Eric Mesa 9:18

Good morning, Hiron.

Manuel Ramirez 9:19

How are you doing? Good morning.

Eric Mesa 9:20

Uh I'm doing okay.

Manuel Ramirez 9:23

Okay, do me a favor. Let's start by having you tell us your full name spell the last name, please.

Eric Mesa 9:29

Of course. Uh my name is uh Eric uh Mesa. Um Mesa M E C uh for Zera and A.

Manuel Ramirez 9:41

Thank you very much. Uh in appearing for the uh respondent. Good morning.

Jasmine Ing 9:47

Good morning, Your Honor. Jasmine Ingford, Defendant and Respondent Priya Shah. And can I ask um Appellate to speak into the microphone? It's a little bit hard for me to hear.

Unknown 9:58

It he where where he is at is not Mike. But the but but the podium is. And we'll we'll ask him to to uh step to the podium. Mr. Major, let's have

Manuel Ramirez 10:08

you go over to the uh microphone. The podium. Take your take your computer if you need it. Take your notes with you. Right there. Oh, it's a hi it's a hidden microphone, but it's it's there and it works. So let's have you state your appearance all over again so council can can hear your your appearance for the record.

Eric Mesa 10:27

Oh okay. Uh my name is uh Eric Mesa. Mesa is uh it's uh M E Z or Sivra A.

Manuel Ramirez 10:38

Okay. So with that, counsel, were you able to hear that?

Jasmine Ing 10:41

Yes, perfect. Thank you so much, Your Honor.

Manuel Ramirez 10:43

Okay, and and Mr. Measy, you're here uh to present your case this morning. I assume you have received this court's tentative opinion, uh pages seven pages in length, is that correct?

Eric Mesa 10:53

Uh yes, I did receive it you've re had

Manuel Ramirez 10:55

time to review it. Yes, I have. And you're here this morning to talk to us about that tentative opinion and why you agree or disagree with that.

Eric Mesa 11:04

Uh yes, I I how's on

Manuel Ramirez 11:08

it's quite right. You probably disagree. So

Unknown 11:10

go right in. Do you wanna have ask if he wants a reserve? Yeah. Did did you wanna uh When you are done. The opposing counsel will have a right to speak and she's appearing remotely. You also have a right to s to say something after she speaks. Oh but that's part of your fifteen minutes. Did you want to save some part of that and get a warning from our clerks so that you have some time to to respond, Mr Mesa?

Eric Mesa 11:35

Yes, of

Unknown 11:36

course. Uh how much time would you like to keep and be uh

Eric Mesa 11:40

Will you have the fifty minutes?

Unknown 11:41

You you have a total of fifteen minutes and but that's for both arguments. So uh how much of that would you like to reserve for your response to opposing counsel?

Eric Mesa 11:50

Uh probably five minutes.

Unknown 11:52

Five minutes. This lady is our clerk. She will tell you when you've got five minutes, okay? Okay, thanks, Mr. Basis. Thank you, right. Thanks.

Eric Mesa 12:01

Uh can I ask a quick question regarding the uh um the respondent console? Ah I thought it was denied her uh her uh oral motion. I thought it was denied it when sh they they filed that um uh oral Well right now

Manuel Ramirez 12:21

we're just working with this tentative opinion that's in front of you.

Eric Mesa 12:24

Oh okay.

Manuel Ramirez 12:25

So uh And it shows the disposition shows tentatively that we're affirming. Oh so you go ahead and talk to us about about this case and why you disagree and the the clerk will call out uh when five minutes left. uh for you to reserve so you can respond to opposing counsel. So go right ahead.

Eric Mesa 12:44

Well uh first of all thank you for uh uh hearing me and uh listen to my oral argument. Um well I was gonna go over the uh why I disagree is because um as I said um on my uh opening brief, the first fact uh it's the uh this was uh unjustified uh veredict uh because the