6DCA Oral Argument - 2026/07/09 Morning Session - Jul 09, 2026
argument6DCA Oral Argument - 2026/07/09 Morning Session
California Sixth District Court of Appeal
2h 34m
8 chapters
transcribed 10 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What announcements did the court make about remote appearances and technology at the start of the session?
Welcome to the Sixth District Court of Appeal for Oral Argument this morning, and please be seated. We have a busy morning this morning. There are five cases, so we will be carefully tending to time in the cases before us. And before we start, I do want to make two announcements related to technology. The first is that it's our pleasure to offer remote appearances to litigants and counsel who desire it. We view it as an access to justice issue. For those of you who are sitting in the audience, if there is a remote appearance on a case, you will be able to hear everything that is occurring, but you will not be able to see it. We do not have a screen here in the courtroom for you to be able to see. If you wish both the audio and the visual experience this morning, you're welcome to go to our waiting room where we have live streaming.
You should also be aware of the fact that oral argument is posted on our website after its conclusion, and so you'd be able to see both the audio and the visual in that context. The second is that the justices have access to our laptops here on the bench. So if you see us looking off to the right, we have the briefs, the record, our own notes. Everything that we need for oral argument this morning is up here. And with that, let me get my technology situated, and we will start with the first case.
The first matter on calendar is H052737, Maria Ochoa Barajas, plaintiff and appellant, versus Rufino Vasquez, et al., and other respondents, numerous. Let me start by noting that Ms. Barajas, Ochoa Barajas, is present in the courtroom with the Spanish-speaking interpreter. And before I proceed to respondent's appearance, let me ask the interpreter to Please identify yourself, ma'am. I'm going to have you come to the podium and state your name, and I need to confirm whether you have been sworn.
Good morning, Your Honor. My name is Alicia Benson. I'm a Spanish certified court interpreter in California. Certification number is 301499, and I just took the oath.
All right. Thank you very much. And that was administered by our court clerk, is that correct? Thank you very much. You're welcome. All right. And so let me then turn to respondents and ask for appearances by counsel.
Good morning, Your Honors. May it please the court, I'm Jules Cabot. With me are my colleagues, Laurent Casis and Erica Arambula. And we are here for respondents.
All right. And Mr. Cabot, you're the one who is going to be speaking this morning and only is correct. All right. 15-minute time estimate for you. Hopefully less. All right. Thank you. And Ms. Ochoa-Barajas, what I'm going to do is have you come up to the podium. And Ms. Benson, I think you should accompany her. Let's see if we can get the logistics of this set up in a way that works for everyone. Okay. So we need to be – Ms. Ochoa-Barajas, I need to be able to hear – We three need to be able to hear the interpreter because she's the one who's going to be speaking in English. And so I'm going to have you move over just slightly. Thank you. And hopefully this will work. And if my colleagues can let me know if you can't hear, we'll make another arrangement.
All right. Ma'am, you've requested 10 minutes to open and then five minutes for rebuttal. And you are welcome to start now.
Okay.
My
name is Maria Ochoa Barajas.
My name is Maria Ochoa Barajas.
And I have a
representation
from
there.
Y esta, les doy muchas gracias por escucharme.
And I want to thank you for listening to me.
So vamos a decirle lo que vengo. So
I will say the reason for which I am here. Mi
razón de, me interesa, apelación es porque no teníamos un acuerdo para ir a habitación.
My reason for my appeal is because we didn't have any agreement to go to our arbitration.
And
when there is no agreement between the two people, then that arbitration is not legal.
In my
situation, I was going through bankruptcy.
Ms. Benson, can you speak just a little louder?
I heard the last thing,
but just a little louder.
Yeah,
that's
a good
idea.
In my situation, I was going through a
bankruptcy. And my attorney was opposed to me going to...
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Chapters
8 chapters
1
What announcements did the court make about remote appearances and technology at the start of the session?
2:29–21:48
2
Why did Maria Ochoa‑Barajas request that the case be returned to the San Benito County Superior Court?
21:48–40:10
3
How did the justices question the timing of the arbitration‑agreement argument in the Ochoa‑Barajas case?
40:10–57:29
4
What is the legal significance of ‘mutual assent’ in determining whether an arbitration contract exists?
57:29–1:17:38
5
Why did Storm Quant argue that the arbitration clause should be enforced despite the trial court’s findings?
1:17:38–1:35:45
6
What expert testimony issues were raised in the Rouse vs Stanford Healthcare dispute?
1:35:45–1:57:36
7
How did the parties address the conservatorship and guardian‑ad‑litem petitions in the McKenna case?
1:57:36–2:14:03
8
What procedural questions did the justices ask about the 170.6 filing deadline and ex‑parte orders?
2:14:03–2:33:48
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