6DCA Oral Argument - 2026/07/07 Morning Session - Jul 07, 2026
argument6DCA Oral Argument - 2026/07/07 Morning Session
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All right. The Court of Appeal for the sixth of those districts is now in session.
Morning, welcome to the Sixth District Court of Appeal for oral argument and please be seated. Thank you for your patience and standing. We have Four cases on calendar this morning and there will be panel changes between the cases, so you will need to be patient with us. Um I'm going to make two announcements this morning regarding technology. Uh the first is that um uh there may be remote appearances uh and we're happy to offer this to counsel and self represented litigants um who appear in the court. Um for those of you who are participating in the case, you'll be able to see and hear anyone who's appearing remotely. If you're in the audience Um you will be able to hear everything that is occurring but you won't be able to see.
We don't have a screen for you here in this courtroom. Um but if you wish both to have both the audio and visual experience, you can step out into the waiting room where we have live streaming. And we also almost immediately archive all oral argument on our website um so you'd be able to experience it in that way as well. Uh the second is at the Justices. We also have our uh laptops here up on the bench. I'm reaching for mine right now. Um and uh if you see us looking off to the right or the left, we have uh our notes, the briefs, the record, everything that we need is up here with us. So wanted you to be aware of that as well. Give me just a minute to get situated and we will call first case.
First matter on calendars H O five three two zero one Intel Corporation Plaintiff and Appellant versus Freedom Circle Venture L L C GS Freedom Circle Holdings LL C Gray Star Investment Group LLC and Gray Star Real Estate Partners LLC. Um appearing if I could have you go to the podium, appearing for appellant, if you could state your appearance. and provide a time estimate.
Good morning, Your Honor. Up here for Appellant Intel Corporation, Gabriel Bronstein.
Uh and your time estimate is ten minutes and five for rebuttal? Yes. All right, and appearing with you today?
Your Honor Carolyn Lidke from Member Tolls appearing for Intel Filibration. And also with us in the courtroom is Lawrence Acorn of Intel Filipation.
All right, thank you very much. Uh appearing for respondents today. I'm just gonna have you go to the podium because everything's recorded.
Good morning, your honors. Stanley Penikowski of DLA Piper for respondent Freedom Circle Venture L L C.
Right. And your time estimate is ten
minutes, Your Honor.
Ten minutes. And uh Mr. Panikowski, is your plan to speak first? Is that the arrangement between respondents? Yes, Your Honor. All right. Thank you very much. Thank you. Um and then if we could have uh our final respondents council. Up here.
Jake Mormon, Your Honor.
Right, thank you. Uh representing what I will just call Graystar, if that's all right with you. Yes, Your Honor. All right, thank you very much. Um time estimate, please.
Uh about ten minutes, Your Honor.
All right, thank you. Um let's return back to Intel.
Good morning, and may it please the court. Intel pled a reasonable interpretation of the agreement at issue based on its text and Intel's allegations as to its purpose, circumstances, and course of performance. A black letter California law requires that Intel's reasonable interpretation must be accepted as correct at the demur stage. As a court of appeal has cautioned, it is quote highly suspect. to sustain a demur in a breach of contract case based on the agreement's plain language. Thus, the court went on, it is the extraordinary and unlikely case. Where the language of the agreement so conclusively negates Plaintiff's alleged interpretation that a demur may be sustained. And this is not that case.
Intel's al alleged interpretation of the agreement is not clearly erroneous. In fact, it is the better interpretation. The operative provision in dispute here, the post closing payment provision of the Second Amendment provides that the post closing payment is due. If defendant received the project approvals requested by buyer,
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