6DCA Oral Argument - 2025/10/16 Afternoon Session - Oct 16, 2025
argument6DCA Oral Argument - 2025/10/16 Afternoon Session
California Sixth District Court of Appeal
19 min
8 chapters
transcribed 7 days ago
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What is the procedural background and parties involved in the Stubbs marriage case?
Alright.
Good afternoon, please be seated. Thank you.
Good afternoon. Welcome to the sixth court sixth district court of appeal for oral argument. We have a number of matters on calendar that have been consolidated and will be here. heard together and I will uh uh read each of those now H zero five one five one eight H zero five one eight six six H zero five one nine six six H zero five one nine six seven. H zero five one nine six eight. H zero five one nine six nine They are all in the marriage of April Stubbs and Michael Stu Micah Stubbs, April Stubbs respondent versus Micah Stubbs appellant. Mr. Stubbs is present uh remotely. Uh good afternoon to you, sir. Uh respondent April Stubbs has not filed uh a respondents brief in any of these matters and thus we will only hear from Mr.
Stubbs this afternoon. Good afternoon to you, sir.
Good afternoon. Uh I am Micah Stubbs. I am the appellant. Uh I wanted to uh say briefly that uh today is likely the last time I'll appear before this court. So I wanted to take a moment and thank the court for the courtesy uh it's shown me. I'm a pro say appellant, uh, and doing my best to learn appellate procedures. So thank you.
Thank you, Mr. Stubbs. We uh are going to hear from you this afternoon. As you know you have fifteen minutes, sir, no time divided because you are the only person arguing before us. I will keep track of the time here uh and let you know when you have about a minute left. And with that, sir, good afternoon and please go ahead.
Yes, of course. Uh so I have arguments and then uh at the end I'm happy to answer questions uh from the court. So briefly I'll I'll summarize what what happened in this case or or these consolidated cases.
How does appellant Micah Stubbs introduce his argument and request for relief?
The trial court made orders that deprived mother and I uh of our property without a hearing. Uh this was either a pre deprivation hearing or a post deprivation hearing, uh which may be an issue. We never had an opportunity to cross examine uh this court appointed attorney, uh, minors counsel. About her fees. Uh which is a a due process defect. So uh while I will continue to argue The summary of the relief I'm requesting is that the court reversed the two fee orders, uh the application one, the application two. on a a reasableness basis. uh rooted in the the courts. uh authority under the family code to determine reasonableness of fees. Uh alternately, uh I asked the court to reverse in a remand to the trial court with instructions to hold the required hearings.
Uh And then I will argue and comment about a possible rebound. А з I understand it the Rule of court five two four one uh Секцін А, субсекціон 2. Uh that's authorized by Family Code thirty one fifty three. has a deadline for uh determination of these uh fee orders. А і на із Тертиа. Council is relieved. Uh In this case, council was relieved in May of twenty twenty four, so that deadline would be in or would have been in June of twenty twenty four. Uh I have done research and I understand that this court may have authority to remand anyway. And so I respectfully ask if the court chooses to do that, that it provide instructions to the trial court about how to proceed uh despite rule
five two four one so that the hearing uh does have effect or is not if you don't. I'll pause there, uh that is the summary. Uh and then also uh draw the court's attention to uh a motion I've made recently to augment the record. Uh Here I believe that there's an unusual opportunity for uh what I want as the appellant and what the court uh typically sees as a duty, uh which is to align with and support the trial court. Uh
What due‑process defects does Stubbs claim regarding the trial court’s fee orders?
might actually not be in conflict. It it might actually uh be something very similar. So in this motion to augment the record, I include documents that are from after the register of actions but before the brief was filed, uh, that show the disposition of similar issues, these later fee applications. uh made by the court appointed attorney. Uh as well as the uh appointment itself. And Uh, what I think the court will see, uh, when it's able to consider that motion, uh, is that
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Chapters
8 chapters
1
What is the procedural background and parties involved in the Stubbs marriage case?
2:02–4:28
2
How does appellant Micah Stubbs introduce his argument and request for relief?
4:28–6:58
3
What due‑process defects does Stubbs claim regarding the trial court’s fee orders?
6:58–9:22
4
Why does Stubbs seek a reversal of the fee orders and a remand for hearings?
9:22–11:27
5
What is the purpose of the motion to augment the record and what documents are cited?
11:27–13:33
6
How does the court probe the fee‑application timeline and request for hearings?
13:33–15:56
7
What are Stubbs’ concluding arguments on fee reasonableness and procedural fairness?
15:56–18:05
8
What final actions does the court take after the oral argument?
18:05–19:31
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