6DCA Oral Argument - 2026/03/10 Afternoon Session - Mar 10, 2026
argument6DCA Oral Argument - 2026/03/10 Afternoon Session
California Sixth District Court of Appeal
1h 51m
8 chapters
transcribed 10 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What is the purpose of the oral argument session for the California Sixth District Court of Appeal?
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All right, the goal appeal for the six apologies like it's bad session, presiding justice to honorable merry good read with so six.
Good afternoon. Please be seated. Welcome to the sixth district court of appeal for oral argument this afternoon. We have three matters on calendar. There will be panel changes between each case. Um before we start, just uh two quick announcements. The first is that it's the court's pleasure to offer the opportunity for counsel or self represented litigants to appear remotely and I that we will have some remote appearances today. Um We are able to see and hear everything here at the bench and at council table that is also the case. If you're sitting in the audience, you will not be able to see whoever's appearing remotely. You will be able to hear. If you want both the visual and the audio experience, you can go into the waiting room where we have a live stream.
And we do also post oral argument um shortly after it's completed on our court website. Since I'm addressing technology, I also want you to be aware that the justices have our laptops here at the bench. So if you see us looking off to the right, we have the briefs, the record, our own notes, and so forth. Um we have moved into the modern age a bit ago post-COVID. So with that, let's start with our first case, H O five two six five two. Michelle Packnid. petitioner versus the superior court of Santa Clara County respondent. Intuit surgical ink at all is the real party in interest here. Uh let me get the appearance first of uh petitioner Michelle Pac uh counsel for petitioner.
Good afternoon, Justices. May it please the court. I'm Randall Eamon Smith. I'm representing the plaintiff and petitioner Michelle Pack.
All right, and uh Mr. Uh Amon Smith, uh twelve minutes to open and three for rebuttal, I think you indicated.
Yes, thank you, Your Honor.
All right, thank you. I'm gonna have you stand Just shift so that we can uh get opposing counsel up to state his appearance. uh and confirm your time estimate.
David Gartenberg for Intuitive Surgical, fifteen minutes.
All right, thank you very much. Thank you. This is of course because everything's recorded through the device in front of you, you may proceed.
Thank you, Justices. Uh I'm Randall Eman Smith. I represent the petitioner. Just to briefly set the stage, this lawsuit alleged sex harassment and discrimination. by i Michelle Pacdan's employer, intuitive surgical, and two supervisors, Collins and Van Heeswick. Uh Ms. Pacnat complained during her employment. An intuitive surgical hired an outside attorney, Andrea Smethurst, to conduct two investigations. And she conducted those investigations and she prepared two reports of those investigations. Over the past three years in the trial court, in this court, in the Supreme Court, Ms. Pacnat has been seeking the disclosure of those reports uh in total and s we're not quite there yet. Um Intuitive resisted that production claiming uh attorney client privilege and work product protection.
The latest event in the trial court was the redaction at intuitive urging of all findings in the reports on the ground of work product protection. Now there's no quibble here that these reports are work product in the first instance. The question presented to us today. is whether or not the protection was waived as to those redacted findings. And that is the basis of the petition and we're here today in response to the Supreme Court's order to show cause why the matter shouldn't be remanded to the trial court to reconsider its redactions of those findings and specifically to address that question under the Supreme Court's decision in Jones and Wellpoint, the Court of Appeal decision cited in Jones.
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Chapters
8 chapters
1
What is the purpose of the oral argument session for the California Sixth District Court of Appeal?
0:08–14:04
2
How does the petitioner argue that attorney work‑product privilege was waived in the Intuitive Surgical case?
14:04–25:46
3
What legal standards from Jones and Wellpoint guide the analysis of waiver scope?
25:46–37:54
4
Why is the adequacy of the investigation defense critical to determining discoverability?
37:54–49:36
5
How does the court assess whether a unilateral modification of bail terms violates surety rights?
49:36–1:05:34
6
What factors determine whether a change in bail amount constitutes a material increase in risk?
1:05:34–1:21:52
7
What does California Code §231.7 require to prove a peremptory challenge is based on a presumptively invalid reason?
1:21:52–1:37:09
8
What are the next steps after oral argument and how will the opinion be issued?
1:37:09–1:51:10
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