6DCA Oral Argument - 2026/05/07 Afternoon Session - May 07, 2026

argument

6DCA Oral Argument - 2026/05/07 Afternoon Session

California Sixth District Court of Appeal 2h 15m 5 chapters transcribed 9 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What are the procedural announcements and technology setup for the oral argument?

Unknown 0:05

Mr. Hermetic, can I have you turn your camera and microphone on? We will be getting started shortly. Thank you.

Unknown 0:30

Am I the only case today? You're the only remote case. Everyone else is in person. Thank you. Of course.

Michael Davis 3:05

Okay.

Unknown 3:40

Good afternoon and please be seated. Welcome to the Sixth District Court of Appeal for oral argument today. This afternoon we have four matters on calendar. Let me make just a couple of announcements before we start. The first being that there will be a panel change after the first case. And the first case, the party who is arguing is appearing remotely. So it's our pleasure to be able to offer this option to counsel and self-represented litigants who are arguing before the court. For those of you who are sitting in the gallery, what I want you to know is that you will be able to hear everything that's being said, but you will not be able to see If you were at council table or if you were sitting up here as a justice, we have screens so that we're able to see the participants.

Unknown 4:31

If you're interested in being able to see the visuals as well as hear the audio, you can step into the waiting room where you get both. We do have live stream there. And also, all oral arguments are recorded and are posted to our website almost immediately afterwards so you would be able to access the material there. Everybody else is appearing here in court. And as I'm speaking about technology, I also want you to be aware of the fact that the justices have our laptops up here on the bench. So when you see us looking off to the right, we have the briefs, our notes, the record, everything that we need for oral argument is here with us. And so you might see us referencing those materials. Give me just a minute to get situated, and we will start the calendar.

Unknown 5:35

First matter on calendar is here a minute plaintiff and respondent versus here a minute defendant and appellant. Uh, there was no respondents brief filed in this matter. So we will be hearing from, um, appellant only. And sir, you are appearing remotely. You had requested 10 minutes to open and 5 for rebuttal, but there will not be rebuttal since we're not hearing from a respondent today. So I will time you at 10 to 15 minutes, according to what you have to say, maximum 15. Thank you. All right. Thank you very much. We're eager to hear your comments this morning. You go ahead. Thank you. Just before I begin, can you hear me loud and clear? We can, and we can see you also. All right. Thank you for the opportunity and accommodating me remotely.

Unknown 6:28

Have the justices read the opening brief? Mr. Hiramanek, you can assume that the court has reviewed all of the briefs and reviewed the record as well in this matter. Thank you. Do any of you have any questions for me on the brief? I think probably what would be most productive would be if you go ahead with your presentation and as we have questions or if we do, I promise you we'll We'll be interrupting. That's the process here. Sure. You go ahead. I'm not used to it, but thank you for sharing that. So the crux of the appeal, if you look at it from multiple angles, legal angles, the appeal order and the dismissal just cannot stand legally. It's like a trial court issuing an order, making a binding order on George Washington, for example.

Unknown 7:32

George Washington has been dead for 250 whatever years. A court has no jurisdiction over a dead person and cannot be making orders over someone who cannot respond. So that is essentially the one of the many flaws of this order. Also, this case kind of parallels two cases, one actually of your own district court, and that's Barron v. Santa Clara County Valley Transportation Authority, 97 Cal App, 5th, 1115, 2023. It's on the same statute that we are talking about, which is 581 subsection B subsection 4 and 583.310 dismissal. Furthermore, that appeal of that Barron case also involved the same trial court judge. And also, obviously, it's the same court of appeal. So that's one case that essentially dictates the outcome of this appeal.

Unknown 8:46

The second case is Franklin Capital Corporation v. Wilson, 55 Cal Reporter, 3D, 424, 2007.