6DCA Oral Argument - 2026/07/16 Afternoon Session - Jul 16, 2026
argument6DCA Oral Argument - 2026/07/16 Afternoon Session
California Sixth District Court of Appeal
37 min
8 chapters
transcribed 10 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What is the agenda for the Sixth District Court of Appeal oral argument on July 16 2026?
Good afternoon. Welcome to the Sixth District Court of Appeal, and please be seated. We have three matters on calendar this afternoon, but they're related to one another, so essentially one big oral argument. And counsel, welcome. I do want to let you know what the order of argument is going to be. I'll take your appearances in just a moment, but Mr. Milks will be granting you 15 minutes to open, and then Mr. Chase will follow with up to 15 minutes, each of you up to 15 minutes, and then return to Mr. Milks. for five minutes, and to Mr. Chase for five minutes, because they're cross-appeals here. We just felt like maybe you wanted a little more time. If not, that's fine, too. But we wanted to provide the opportunity.
Who are the parties appearing and what roles do they represent in this appeal?
So let's start by having the Morosi's counsel state your appearance, please. I just gave you the time estimate, so I just need your appearance at the podium, because we record everything.
Good afternoon. My name is William Milks, appearing on behalf of plaintiff appellant and respondent in a different case, Gilbert Morosi.
All right. Thank you very much. And appearing for Trico Bank Shares, please.
Good afternoon, Your Honors. Michael Chase for Trico Bank Shares.
All right. Thank you very much. Let's return to Mr. Milks. And we are happy to hear your comments.
And please report. I'll start out with a basic introduction because, as Your Honor pointed out, this particular hearing involves three different cases. So, plaintiff appellant submits that this court should grant plaintiff appellant's appeals in cases number H051989 and the other case, which relates to attorneys' fees and costs. This court should reverse, in particular, the February 23, 2024 amended judgment, which sustained Trico Bank shares demur to the second amended complaint filed on behalf of the Moroses, and at the same time as that order or that amended judgment was entered there was a award of attorneys fees and costs as a prevailing party which I believe was entirely inappropriate at the point of granting the sustaining of the demer because there had been no motion filed for attorneys fees or costs so it was
basically a carte blanche deferral to the judge who took over for Judge Mnuchin, namely Judge Geffen, who was constrained by that amended judgment in February 23, 2024, to at least grant attorneys fees and costs without any basis set forth in terms of the amended judgment or any motion for attorneys fees and costs that had been filed.
How does Milks argue that the February 23 2024 amended judgment was procedurally improper?
There is a procedural aberration, I'll refer to it as an aberration here, because the February 23, 2024 judgment was signed by the trial judge, Judge Mnookian, under CCP section 635. There are two components required for such a signing of judgment under CCP Section 635. Number one is that the judge must be the presiding judge, and Judge Mnuchin was not the presiding judge at the time or at any time during any of these cases in the trial court. Secondly, and very importantly, it also requires that a judge on behalf that judge is signing for must not be available And in this case, Judge Geffen, who heard the hearing in December of 2023, was by Judge Mnuchin's own admission available, but he decided nevertheless to sign as presiding judge, which he wasn't, for someone who purportedly wasn't available, but was under CCP section 635.
This permeated the rest of the case because additionally, Judge Mnuchin, without reassigning the matter, if he could, not being the presiding judge, but being the case management judge. He had Judge Geffen handle all other substantive proceedings in the case, but maintained, as the case management judge, all other matters in the case. Case management conferences, orders to show cause, and other matters pertaining to the case for the entire period of the time that the case was pending. So it was not assigned to Judge Geffen, who nevertheless appeared in connection with the sustaining of the demur and later on with respect to the other three matters, namely the motion for attorney's fees and the memorandum of costs and also for TRICO's motion for sanctions in the case.
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Chapters
8 chapters
1
What is the agenda for the Sixth District Court of Appeal oral argument on July 16 2026?
4:54–5:42
2
Who are the parties appearing and what roles do they represent in this appeal?
5:42–8:23
3
How does Milks argue that the February 23 2024 amended judgment was procedurally improper?
8:23–14:39
4
What are the key arguments regarding the statute of limitations and the demurrer in the Morosi case?
14:39–21:45
5
How does Chase counter the demurrer and address the applicable statute of limitations?
21:45–27:15
6
What issues are raised about attorney’s fees and the sanctions motion in this appeal?
27:15–31:01
7
What conclusions and next steps does the court outline at the end of the hearing?
31:01–36:14
8
When will the written opinion be issued and what is the final status of the appeals?
36:14–37:14
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