6DCA Oral Argument - 2026/05/14 Morning Session - May 14, 2026
argument6DCA Oral Argument - 2026/05/14 Morning Session
California Sixth District Court of Appeal
2h 0m
8 chapters
transcribed 10 days ago
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What is the central issue of standing raised by the plaintiff’s counsel?
Good morning everyone. Welcome to the Sixth District Court of Appeal. Please have a seat. We do have four matters on calendar this morning. We will have a few panel changes uh in between some of our cases. So rather than call the entire calendar up front, I will just um uh take appearances and time estimates on a case by case basis as we call the calendar. Um you'll see that we here on the bench do have um uh laptops with access to all the electronic briefs and records and our notes and so if you see us looking at those that is what we're doing. Um also we do have uh many uh in person participants this morning but also uh several remote participants and so good morning to you. I can see uh that Mr. Hathaway and Ms.
Taylor are on screen as well. So um with that we will go ahead and call our first case, which is Theta Delta Chi Chapter at Stanford University versus Mona Hicks and others. And um I can see that Ms. Kinzer is present. Good morning. Uh if you would come to the electern please and um go ahead and confirm your appearance and time estimate.
Stacey Kins are on behalf of respondents. We estimate about fifteen minutes, but
maybe less than that. Very good. Thank you. And I see Mr Hathaway is appearing remotely. Good morning, sir.
Good morning, Justice. The time estimate is uh Uh fifteen minutes, five minutes for rebuttal.
Okay, very good. Well Mr Hathaway, if you're ready, you may proceed.
Thank you. May it please the court, Mark Hathaway for plaintiff and appellant Beta Delta Phi chapter at Stanford University. This appeal is about access to judicial review of an administrative decision. Stanford investigated Telta Data Chi, charged Delta Data Chai, sanctioned Theta Data Chai, removed Theta Delta Chai's recognition, revoked Theta Delta Chai's housing privileges. But when Theta Delta Kai sat ri review of that administrative decision Stanford argued that the chapter was too uncertain an entity to seek judicial review. That can't be right. The petitioner is Thelta Data Chi chapter at Stanford University, the same organization Stanford investigated, charged, sanctioned, derecognized, and deprived of housing privileges.
The trial court um accepted Stanford's standing objection. And never reached the merits. It didn't decide whether the disciplinary process was fair, whether findings supported the evidence, whether the sanctions complied with the with the Stanford's policy. It stopped its standing, even though the injury was direct and concrete. Which was loss of recognition, loss of housing by the very organisation. that Stanford disciplined, Theta Delta Chi chapter at Stanford. Theta Delta Chi has standing in its own right because it was the direct object of Stanford's administrative action. It also has associational standing. Because its members were directly affected. The interests at stake in the seeking judicial review are central to the chapter's purpose and writ relief requested does not require individual participation.
Stanford cannot treat Theta Delta Chi as real enough to investigate, charge, de recognize and evict from housing, but too uncertain to seek judicial review of the same administrative action. We're not asking the court today to decide the merits of the disciplinary proceedings. We're simply asking the court to reverse the standing ruling and remand for judicial review of Stanford's decision against petitioner on the merits. First I'll address why Theta Delta Guy has direct organizational standing. That's because it's the It's the organization, the student organization on campus that Stanford sanctioned. The injury was the loss of recognition and housing privileges. Essentially the very existence of Delta Data Chi, which had been on campus for over a hundred years.
That injury belongs to the chapter itself and ri relief directly seeks redress from that decision. Stanford's decision operated directly on petitioner. The chapter lost its recognition, housing privileges, its ability to function on campus. which is a direct beneficial interest sufficient for mandate. standing.
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Chapters
8 chapters
1
What is the central issue of standing raised by the plaintiff’s counsel?
2:43–19:58
2
How does counsel argue that Theta Delta Chi has direct organizational standing?
19:58–36:19
3
What standard of review does the court apply to the standing ruling?
36:19–50:23
4
Why is the Diaz declaration considered too late to affect standing?
50:23–1:02:33
5
What procedural questions are raised about the trial court’s authority to modify a temporary support order?
1:02:33–1:15:41
6
How does the Attorney General’s intervention impact the confidentiality and ceiling analysis?
1:15:41–1:31:25
7
What are the key arguments in the Shen v. Ki case regarding temporary spousal support?
1:31:25–1:47:25
8
What conclusions does the panel reach and what are the next steps for the parties?
1:47:25–2:00:27
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