6DCA Oral Argument - 2026/04/07 Afternoon Session - Apr 07, 2026
argument6DCA Oral Argument - 2026/04/07 Afternoon Session
California Sixth District Court of Appeal
59 min
8 chapters
transcribed 10 days ago
official recording ↗
Transcript
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What procedural announcements and case introductions are made at the start of the session?
Thank you. Please be seated. Welcome this afternoon to the Sixth District Court of Appeal for oral argument. We have two matters on calendar, and there will be a panel change between the two cases. Two announcements. Actually, only one announcement, because we don't have anyone appearing remotely today. But I do want you to be aware that the justices have our laptops here at the bench. And so you'll see us referring to them, turning to the right from time to time. We have the briefs, we have the record, we have our own notes. And so you might see us do that. Give me just a moment to get connected and we will start.
Matter number one is H052605, Jean Kim, plaintiff and appellant, versus PetsRx, Inc., et al., defendants and respondents. Ms. Kim is representing herself. I'm going to have you come to the podium here and just confirm your time estimate for us, Ms. Kim. I'd like 12 minutes and three minutes. 12 minutes and three minutes. All right. Thank you. And then I'm going to have you step aside for just a moment, and we will get the appearance of Council for Respondent, please, and a time estimate.
Good afternoon. Elizabeth Gong Landis of Rankin O'Neill on behalf of respondents, defendants. Probably seven minutes and maybe a reserve of a minute or so.
Actually, because there's no cross appeal in this matter, there's no rebuttal. I understand. whatever you want, seven or eight minutes, we're fine.
All right,
thank you very much. Don't trip. And just for the benefit of all who are participating, we record the oral argument. And so I'm going to have you speak into the microphone. We post the oral argument on our website shortly after it's completed. So all right, Ms. Kim, we're interested to hear from you, your comments this afternoon. Thank you for being here. Okay,
so the case is my cat wants it. Test urinary straining with x-rays at Respondent's Hospital. That's all the cases. She came out of the exam with a broken leg. The court ruling Respondent's evidence as sufficient at a summary judgment proceeding is against the law. The law is Civil Code of Procedure 437C, Section C, is the court shall not grant summary judgment when there's contradicting evidence. The contradicting evidence is a tribal issue. A summary judgment proceeding is not a trial. The trial is to examine the contradicting evidence to eliminate errors. So what the court is to look for is if there's any contradicting evidence. Respondent failed by the authentication procedure, evidence code 1271. Their evidence, by observation, a necropsy services group report, the external examination, a male medium-haired cat with histiocinics or chronic cancer, the receipts assayed was December 7th, 2018, is not evidence at a court of law and not at a summary judgment proceeding.
Yes, there is contradicting evidence. The evidence of the case is my cat was a girl with short hair. The x-ray by respondent, October 17, 2018, was normal. There was no such cancer. That's my cat's x-ray. Their own report says that there was no such cancer.
My recollection is the x-ray was a part of the record.
Yes, and there was no report about it. The SAGE critical care emergency specialist ultrasound test has a normal 12 times in the report. That's my cat's ultrasound. It was four days prior to my cat's passing. 12 times it says normal. There's nothing about such cancer. My cat's passing was December 10th, 2018. There is contradict evidence, more of a fact against error. The Supreme Court is binding on all the lower courts. The Supreme Court ruling Aguilar v. Atlantic Ritual Company explains, the court shall not grant summary judgment when there is a tribal issue. The court must consider all the evidence, not just one side. The court must strictly scrutinize, strictly construe the respondent's evidence as it is.
There's no adjustments or picking out portions to it. The court must resolve the contradicting evidence to favor the non-moving party of the summary judgment proceeding, which would be me. The court must not weigh the contradicting evidence at a summary judgment proceeding as it's not a trial.
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Chapters
8 chapters
1
What procedural announcements and case introductions are made at the start of the session?
3:00–9:07
2
How does the self‑representing plaintiff, Ms. Kim, present her summary‑judgment argument?
9:07–14:30
3
What key evidence does the respondent’s counsel rely on to oppose the plaintiff’s claims?
14:30–22:30
4
How does the court address the issue of contradictory evidence and summary‑judgment law?
22:30–30:03
5
What arguments are raised in the second matter (the Lerman family property dispute)?
30:03–36:54
6
How do the parties discuss the existence and classification of hidden assets under California Family Code?
36:54–46:20
7
What procedural questions does the court ask about the record, exhibits, and appellate briefs?
46:20–53:27
8
How does the court conclude the hearing and outline the next steps for a written opinion?
53:27–59:50
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