6DCA Oral Argument - 2025/12/09 - Dec 09, 2025
argument6DCA Oral Argument - 2025/12/09
California Sixth District Court of Appeal
1h 52m
8 chapters
transcribed 7 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What procedural announcements open the oral argument?
All right, the Court of Appeal for the 6th Appellate District is now at session. Presiding Justice the Honorable Mary Dre Greenwood, Associate Justice the Honorable C. Lee, Associate Justice the Honorable Charles P. Wilson.
Bernie, welcome to the Sixth District Court of Appeal for oral argument and please be seated.
Before we start, just uh a few announcements here. We have three matters on calendar. There will be panel changes between each case. А ви аплести от the six district court of appeal to offer. uh remote access to attorneys or parties representing themselves. Um if you are sitting in the audience um for the third case where both sides are appearing remotely, you will be able to hear but not see what is happening. We can. At counsel's table they have access to devices in cases where um the other side is appearing remotely. Nobody is so you don't have one. They're both remote so you don't have one today. Um But if you want both the audio and visual experience, you're very welcome to step into our waiting room where we have a live stream and you can see it.
We also archive the oral argument almost immediately after we're done and there of course you can see and hear everything that occurred in each argument. Um speaking of technology, the justices have access to our laptops here at the bench where we have the briefs, the record, our own notes, um anything that we might uh want to reference in the course of OA. So if you see us looking off to the right or to the left, um that will be the reason. So give me just a moment, speaking of technology, to get myself situated and then we can start.
First matter on calendar is H O five O seven eight seven. I'm going to ask appellants counsel um for some assistance on pronouncing your client's name.
Sure. Uh it's pronounced Yagub Hakimbaba.
All right. Uh but he
also goes by Jack.
All right. So ha yeah, see that. Yes, Jack. Uh Hakimbaba. If you could state your appearance counsel and uh confirm your time estimate, please.
Absolutely. Mark Eisenhart with Gates Eisenhart Dawson on behalf of the plaintiff and appellant, eight minutes and two unless it's aggrandized.
Unless we have questions. Questions, yes. All right, thank you. Uh and I'm gonna use the same process uh for respondents counsel if you could help us with the pronunciation of your client's name.
Yes, Your Honor. Um my clients are Hitesh Desai. Jayesh Desai Mohamed. Rez I And INP Brothers L L C
Right, thank you. And council if you'll state your appearance and confirm your time estimate.
Yes. Nina and Patani for all respondents and my time estimate is ten minutes.
All right, thank you very much. And thanks to both council for assistance with the names. I think it's Frankly at this point I've concluded it's more respectful to ask than to than to pronounce a name incorrectly because that can cause offense in its own way, which we never intend. So Mr. Eisenhart, very happy to hear from you this morning and then we'll turn to respondents counsel.
Thank you, Your Honor. May it please the court. This case is interesting because it presents an intersection of the law of contractual attorneys fees under Civil Code Section seventeen seventeen and the law of the equitable remedy of rescission, with not a few significant appellate procedure issues sprinkled in there for good measure. And I begin with I think an overview of the case. This is an on this is a case where the on a contract litigation objectives of the parties were set forth in their respective complaints. And they were diametrically opposed. Mm.
Mr excuse me for the interruption so early, Mr. Eisenhardt but i can can we start with the agreement between the parties And the the fee provision in particular. Because I I I understand and appreciate how how the the the parties have tracked the the the trial court's approach here. But the the the fee provision seems so much broader Here. Um And so I'm I'm struggling with why it's not broad enough to sweep in your uh your client's lack of success on the elder abuse and the fraud claims in the prevailing party mix.
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Chapters
8 chapters
1
What procedural announcements open the oral argument?
3:55–16:01
2
How do the parties present the case involving contractual attorney‑fee provisions and rescission?
16:01–28:20
3
What is the debate over whether there is a prevailing party or an unqualified victory?
28:20–41:48
4
How does the discussion address the doctrine of election of remedies?
41:48–54:34
5
What role does the Civil Discovery Act play in the domestic‑violence restraining‑order dispute?
54:34–1:09:03
6
How do the parties argue about immigration consequences and possible plea‑bargaining alternatives?
1:09:03–1:24:33
7
What are the key points regarding prejudice and error analysis in the appeal?
1:24:33–1:37:41
8
What conclusions and orders does the court issue at the end of the session?
1:37:41–1:52:03
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