6DCA Oral Argument - 2025/10/16 Morning Session - Oct 16, 2025

argument

6DCA Oral Argument - 2025/10/16 Morning Session

California Sixth District Court of Appeal 2h 17m 2 speakers 8 chapters transcribed 7 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

How are remote oral arguments conducted in the 6th District Court of Appeal?

Unknown 5:06

All right, the Court of Appeal for the 6th appell district is not session. Presiding Justice, the Honorable Mary J. Greenwood, Associate Justice, the Honorable Adrian M. Grover, and Associate Justice, the Honorable Charles E. Wilder. Good morning. Please be seated. Welcome to the sixth district court of appeal for oral argument this morning. We have four matters on this morning, um and uh there will be panel changes between some of the cases. There are a few announcements that I want to make before we commence with the calendar. Um the first is that uh the justices have access to our laptops here on the bench. We have the briefs, the record, our own notes and so forth. So if you see us looking off to the right or to the left.

Unknown 5:53

Um that's what we're referencing. Um and speaking of technology, we are pleased to be able to op uh offer the opportunity for lawyers or parties to appear remotely in these proceedings. And there are a number of cases in which one party or the other will be appearing remotely. uh for counsel uh at the um uh table in the well Um this doesn't present any difficulty because we have devices for them to be able to see as well as hear what's happening um with the other um opposing counsel. For those of you who are sitting in the audience, you'll be able to hear everything that's happening But you won't be able to see the person who's appearing remotely. If you do want to see them and hear them, you're welcome to step outside and watch our live stream.

Unknown 6:44

You should also know that all all of our oral arguments are recorded and are archived on our website shortly after OA. Uh so you would be able to get a visual at that point as well. And I leave it up to you to make your choice as to what you want to do. All right, give me just a minute and we will proceed with the calendar.

Unknown 7:36

First matter on calendars H O five two seven four two Da Long Zang Plaintiff and Appellant versus I'm going to do my best here at Huayu Tang, defendant and respondent. Counsel, I'll let you correct my pronunciation. Uh if we could have appellants, counsel, step to the podium and state your appearance and confirm your time estimate, please, sir.

Andy Yang 7:57

Yes, Judge. I'm Andy Yang for Appellant, Mr. Da Longzhong. Uh I reserve fifteen minutes for oral and remote.

Unknown 8:03

And you wanted to divide it, I think, ten minutes to start and five minutes for rebuttal.

Andy Yang 8:08

Uh two minutes for rebuttal.

Unknown 8:09

All right, so Uh We'll say thirteen and two. All right, thank you. You can Uh you can maintain your position there if you want. Uh appearing remotely for a respondent counsel if you'll state your appearance.

Theodore Olson 8:24

Morning, your Honor, Theodore Olson, for respondent How You Tang.

Unknown 8:27

And your Time estimate is.

Theodore Olson 8:31

Five minutes.

Unknown 8:32

All right, thank you very much. Uh Mr Yang, you may proceed.

Andy Yang 8:36

May it please the court. I'm Andy Yang for appellant, Mr Da Long Zong. This case arises from a civil harassment restraining order hearing that ended in an extraordinary way. The trial court granted a motion for non suit halfway through the petitioner's presentation. Before they responded or any other witness testified, and the key video evidence was also muted. Our appeal asked the court to decide whether a motion for nonsuit would be may terminate a section five twenty seven point six proceeding, and if not, whether the exclusion of critical critical testimony and evidence deprived the appellant of due process. We respectfully submit that the judgment must be reversed and remanded for a full evidentiary hearing.

Unknown 9:20

So Mr. Yang, uh excuse me for interrupting you so soon into your argument, but a statement that you just made is puzzling to me, which is that a non suit was granted in the middle of the proceeding. Um As uh I read the record, um, it seems to reflect um that after the co this is a quote, after the court having heard testimony and arguments from counsel and parties and written declaration by the parties, the court finds that the plaintiff has not met the burden of proof in this matter. and denies the request for a restraining order, defense counsel makes an oral motion for non suit.