6DCA Oral Argument - 2026/07/14 Afternoon Session - Jul 14, 2026

argument

6DCA Oral Argument - 2026/07/14 Afternoon Session

California Sixth District Court of Appeal 1h 54m 8 chapters transcribed 10 days ago official recording ↗

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What procedural steps and case introductions were covered at the start of the oral argument?

Unknown 5:20

Good afternoon. Please be seated. Welcome to the sixth district court of appeal for oral argument this afternoon. We have I will call them two basic cases although they Each have uh Several appeals connected to them. Um So uh there will be a panel change after uh matters one and two are called. Um and uh so let us uh immediately start with manner numbers one and two, H O five two one eight six. N H O five two three zero zero. Louis Tran, plaintiff and respondent versus Lisa Tran and Kathy Tran Fan, defendants and appellants. If I could ask Council uh for Lisa Tran at all uh to state your appearance. Sir.

John DeMang 6:09

Uh John DeMang, uh Rossi DeMang, L L P for Lisa Trans.

Unknown 6:15

Right, uh and appearing for uh Louis Tran. If I can have you go to the Podium, thank you, sir.

Damien Castaneda 6:22

Thank you. Good afternoon, Damien Castaneda for Lewis Trun.

Unknown 6:26

All right, thank you very much. So um let me explain uh the order in which we're going to proceed today for your benefit. I first want to remind you that um all three of the justices have reviewed the briefs, obviously, and you did, although it's been a bit of time, you received a focus letter in this matter uh before oral argument was set, so we're hoping that you will um address uh you know what was requested in the focus letter Um so because there are, you know, two appeals in this case, what we're going to do is we're going to start with Mr Uh Demang who represents uh Lisa Tran because of um the issues regarding eight seventy three point um seven Uh two o um and so forth. Um But uh sir, you can address both appeals, please, and I'm going to give you fifteen minutes um to open.

Unknown 7:19

Then we'll go to you, Mr. Castaneto. You can address both appeals in your fifteen minutes, then five minutes for Mr. Demang and five minutes uh for Mr. Castaneda. All right, everybody clear on how we're proceeding here. Um so let me start with uh Mr. Demang will be uh the first to start. Yes, your honor. Yeah, I'm not sure. Council, you should actually make yourself comfortable and have a seat. Yeah. Um I'm gonna stop you for just a second. So you should be able to see Mr. Demang there on the device. Okay. For those who are in the audience, just to let you know, you'll be able to hear everything that happens today, you can't see. Um because we don't have a screen in the courtroom. If you want to be able to hear and see you can

Unknown 8:05

Go to the waiting room or after oral argument, look at our website. We archive everything almost immediately. All right. Thank you very much. You go ahead, Mr. Demang. Thank you. Uh I d I spent a good t deal of time this week reviewing all the pleadings and there's almost a couple hundred pages of them. And uh your Honor mentioned that um the panel had reviewed those those briefings and they're actually very complete. Uh I I have to compliment both sides for for being very thorough. Uh I I I think that the issues is particularly with our appeal are are pretty straightforward. Uh you know, there's a statute that says you get a hearing, um that certain procedures have to be followed, they weren't. And uh I I think that anything I would say right now would would would really be duplicative of what's in the pleadings.

Unknown 8:58

Uh I can say almost the same thing with respect to Um the uh Mr Louis Trans appeal on the fees. Uh the issues are are fairly straightforward and we had fifty two pages of briefing, um fifty to sixty pages of briefing uh um in terms of the opening brief and the response and we're we're very thorough. Uh so I I I mean with that uh one thing I I mean I would say is that um I didn't. The b the briefing I think on uh uh on the uh up the fees side, uh that that would be Mr. Trans Um fees sort of It it it makes some presumptions that I think we we we corrected. Uh there's a lot of discussion of arguments that were raised for the first time. I think that those can be rejected out of hand. Um but if they were to be considered, uh a lot of it

Unknown 10:01

talks about how it's trying to recast a pleading Uh as saying that the partition claims are really contract claims. We responded to that in our brief very thoroughly.