6DCA Oral Argument - 2025/12/11 Morning Session - Dec 11, 2025
argument6DCA Oral Argument - 2025/12/11 Morning Session
California Sixth District Court of Appeal
2h 1m
3 chapters
transcribed 8 days ago
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What procedural matters are introduced at the start of the hearing?
Oh boy. Hey Mike. Is it my is am I uh am I ready? Yes. Am I ready to go? Is it Am I interrupting something?
Mr. Fitzpatrick, your second case on calendar? Um so uh we'll start with the first one in just a few minutes and then once Oh I'm sure um that's okay. That's okay. When the second case is submitted, you could turn your camera and microphone on.
You got it. Thank you.
Thank you.
So I am now uh we are now in court.
Not not quite yet. Um our officer will call court in just a couple of minutes.
Okay. And is my My yeah, my video and audio is showing.
Yes, you're okay to leave
it on. Okay.
Thank you.
Um
Ah.
That's just not that's just
It's just who you are. That's just what it is.
Uh yeah.
All right, the Court of Appeal for the 6th Fellow District is now in session. Presiding Justice the Honorable Mary Drake Greenwood, Associate Justice, the Honorable Agent M. Grover, and Associate Justice, the Honorable Cynthia C. Lee.
Good morning. Please be seated and welcome to the Sixth District Court of Appeal for oral argument. This morning we have session both this morning and this afternoon. This morning we have four cases. Uh I am going to make a few announcements before we start. Um we do have some panel changes, so the justices will be shifting in the course of uh after some of the arguments this morning. Um in addition, we are pleased to be able to offer uh the option of remote appearances for counsel or for self-represented litigants. whose cases are on calendar for oral argument. For those who are sitting at council table, you have devices you'll be able to see opposing counsel. We have devices so we can see everything.
If you're in the audience, however, you will be able to hear everything that happens in court, but you won't be able to um have the visual experience. Uh if you want that, you can step into the waiting room. We have a live stream there, you would be able to see and hear. And we also archive all oral arguments. um after the completion of the proceedings shortly after and so there you would also be able to access both the audio and visual experience uh in oral argument. And since I am discussing technology, I'll also let you know that the justices have access to our laptops here on the bench and we have the briefs, we have the record, our own notes and so forth. So if you see us looking over in this direction it's because we're referencing our materials.
The days of paper are mostly gone. So All right, uh with that I will call the first case on calendar and I'm going to ask for some assistance from council uh in terms of names. uh the uh H O five one six one six Um Uh Mr is it Mr. Uh Prozan?
Uh present, Your Honor. Yes. By re by remote, yes.
All right. And uh sir, you're representing plaintiff and respondent in this matter, is that correct?
I am Tun Tan.
Thank you. Uh for assistance with the pronunciation and your uh confirming your time estimate is fifteen minutes.
If that, yes.
All right, thank you very much. And appearing for defendants and appellants in this matter.
Andrew Pierce, Your Honor.
Thank you very much. And Mr Pierce confirming ten minutes and five. uh for rebuttal.
Correct.
All right. And can you give us the pronunciation of your clients' names?
Wan Chan.
Mm-hmm. All right. Thank you very much. All right. We will commence with Mr. Pierce and uh then move to hear from Mr. Prozan. You may proceed, thank you.
Okay. May it please the court. Um Do my timer there. Uh please allow me to present a important and tragic update uh to the case after all the briefs were filed and the letter briefs were filed. Um Wa Wei Yi Chan, the sister of the two parties here, who was the third member of the partnership um passed away. Um she's the one that the debt was owed to. Um Uh she does have adult children, however. My client responded Tan is the eldest I'm sorry, responded Tan opposing counts opposing party is the eldest son in a traditional Chinese family. There's some family friction because Can The plaintiff and respondent did not contribute his share to his The mother's living expenses from nineteen eighty four when all five siblings signed an agreement.
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