Nelson v. Avondale Homeowners Assn., 172 Cal. App. 4th 857 (Cal. Ct. App. 2009). · Go Syfert
Nelson v. Avondale Homeowners Assn., 172 Cal. App. 4th 857 (Cal. Ct. App. 2009). Cases Citing This Book View Copy Cite
263 citation events (263 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Reed CA1/3 (calctapp, 2026-05-12)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Reed CA1/3
Cal. Ct. App. · 2026 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [deeming undeveloped arguments waived].) Nor, apparently, did his counsel object to anything the trial court said during this line of questioning.
cited Cited as authority (rule) Browden v. CJ Berry Well Services Management CA5
Cal. Ct. App. · 2026 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [failure to raise a point on appeal forfeits the point]; Ace American Ins.
discussed Cited as authority (rule) Doe v. Prier CA6
Cal. Ct. App. · 2026 · confidence medium
(Jameson, at p. 609.) 9 “To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 (S.C.).) When an appellant asserts a point on appeal “ ‘but fails to support it with reasoned argument and citations to authority’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson)) or fails to support it with appropriate record citations (In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); rule 8.204(a)(…
cited Cited as authority (rule) L.B. v. Superior Court CA4/2
Cal. Ct. App. · 2025 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862.) Therefore, to the extent father did raise this issue, it is forfeited.
discussed Cited as authority (rule) Ortiz v. Morley Construction Co. CA2/5
Cal. Ct. App. · 2025 · confidence medium
(Lewis v. County of Sacramento (2001) 93 Cal.App.4th 107, 113 ; Badie, at pp. 784– 785; Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [court may treat point as forfeited if the point is not supported with reasoned argument and citations to authority].) We may further disregard portions of an appellant’s brief that fail to comply with these rules.12 (Dominguez v. Financial Indemnity Co. (2010) 183 Cal.App.4th 388, 392, fn. 2 .) We recognize that appellants here are self-represented litigants, both in the trial court when the court considered and ruled on the motion for…
discussed Cited as authority (rule) Rossi, Hamerslough, Reischl & Chuck v. Shah CA6
Cal. Ct. App. · 2025 · confidence medium
(Jameson, at p. 609.) “To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 (S.C.).) When an appellant asserts a point on appeal “ ‘but fails to support it with reasoned argument and citations to authority’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson)) or fails to support it with appropriate record citations (In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); Cal. Rules of Co…
discussed Cited as authority (rule) Campos v. Mulligan-Pfile CA6 (2×) also: Cited "see, e.g."
Cal. Ct. App. · 2024 · confidence medium
(Jameson, at p. 609.) “To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 (S.C.).) When an appellant asserts a point on appeal “ ‘but fails to support it with reasoned argument and citations to authority’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson)) or fails to support it with appropriate record citations (In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); rule 8.204(a)(1)…
discussed Cited as authority (rule) Tanguay v. Lavallee CA4/3
Cal. Ct. App. · 2024 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 863 [“Because [plaintiff] did not make this argument in the trial court, it is waived on appeal”]; See Doers v. Golden Gate Bridge etc. Dist. (1979) 23 Cal.3d 180, 184-185, fn. 1 .) While we do have discretion to consider a purely legal argument raised for the first time on appeal (see Martorana v. Marlin & Saltzman (2009) 175 Cal.App.4th 685, 699-700 ), that rule does not apply here because Lavallee is asking for an equitable assessment of his disputed factual claims.
discussed Cited as authority (rule) M.H. v. T.N. CA4/1
Cal. Ct. App. · 2024 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson) [“Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as [forfeited].’ ”].) Finally, any violation of section 217 is subject to harmless error analysis.
discussed Cited as authority (rule) Sobayo v. Nguyen CA6
Cal. Ct. App. · 2024 · confidence medium
(Jameson, at p. 609.) “To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 (S.C.).) When an appellant asserts a point on appeal “ ‘but fails to support it with reasoned argument and citations to authority’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson)) or fails to support it with appropriate record citations (In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); rule 8.204(a)(1)…
discussed Cited as authority (rule) Meyer v. Dept. of Water Resources CA3
Cal. Ct. App. · 2024 · confidence medium
(See In re S.C. (2006) 138 Cal.App.4th 396 , 408 [“To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error”]; Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [an appellant forfeits an issue when he or she makes only a blanket, conclusory statement, with no citation to authority or discussion of the authority as it applies to the facts of the case]; Berger v. California Ins.
discussed Cited as authority (rule) In re M.W. CA4/1
Cal. Ct. App. · 2024 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ”].) Accordingly, Father’s briefing does not attempt to meet his burden of demonstrating error on appeal, and we therefore treat his claim as waived.
discussed Cited as authority (rule) Grayton v. County of San Diego CA4/1
Cal. Ct. App. · 2024 · confidence medium
(Bianco v. California Highway Patrol (1994) 24 Cal.App.4th 1113, 1125 .) As the party asserting error, the appellant “must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson); see In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“The absence of cogent legal argument or citation to authority allows this court to treat t…
discussed Cited as authority (rule) In re R.Q.
Cal. Ct. App. · 2023 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [an appellant forfeits an issue when he makes only a blanket, conclusory statement, with no discussion of authority as it applies to the facts of the case]; see In re Sheena K. (2007) 40 Cal.4th 875, 887 [although legal errors may not be forfeited, factual issues should be raised in the first instance].) 11 Second, “ ‘We will not ordinarily consider issues raised for the first time in a reply brief.’ ” (Golden Door Properties, LLC v. County of San Diego (2020) 50 Cal.App.5th 467 , 559 (Golden) [“ ‘Fairness militat…
discussed Cited as authority (rule) People v. Biles CA1/1
Cal. Ct. App. · 2023 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ”].) 10 conduct underlying a felony adds nothing to the probative value of the felony, while at the same time it increases the prejudicial effect. . . . [¶] . . .
discussed Cited as authority (rule) Trans World Assurance Co. v. Lara CA1/1
Cal. Ct. App. · 2023 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [claim waived when appellant fails to support it with “ ‘reasoned argument and citations to authority’ ”]; see also Behr v. Redmond (2011) 193 Cal.App.4th 517, 538 [failure to brief issue on appeal waives it].) While Trans World attempts to address the scope of the notice in its reply brief, it again does so with scant analysis and no citation to relevant legal authorities.
discussed Cited as authority (rule) G.M. v. H.D. CA4/1
Cal. Ct. App. · 2023 · confidence medium
Penal Code section 632 addresses the admission of a recording of a confidential communication in a judicial proceeding. 9 proceeding in pro. per. or represented by counsel to “affirmatively demonstrate prejudicial error.” (People v. Garza (2005) 35 Cal.4th 866, 881 .) “Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citations.]’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.…
discussed Cited as authority (rule) Marriage of Puppi CA4/2
Cal. Ct. App. · 2023 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [An appellant forfeits an issue when he makes only a blanket, conclusory statement, with no citation to authority or discussion of the authority as it applies to the facts of the case.].) IV.
discussed Cited as authority (rule) In re Adrian L.
Cal. Ct. App. · 2022 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’ ”]; In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“We are not bound to develop appellants’ arguments for them. [Citation.] The absence of cogent legal argument or citation to authority allows this court to treat the contentions as waived”].) 2 inves…
discussed Cited as authority (rule) James People v. David People CA4/1
Cal. Ct. App. · 2022 · confidence medium
The appellate court is not required to search the record on its own seeking error.” (Del Real v. City of Riverside 3 (2002) 95 Cal.App.4th 761, 768 ; see City of Santa Maria v. Adam (2012) 211 Cal.App.4th 266, 286-287 [“[T]o demonstrate error, an appellant must supply the reviewing court with some cogent argument supported by legal analysis and citation to the record”]; Cal. Rules of Court, rule 8.204(a)(1)(C).) “Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with rea…
discussed Cited as authority (rule) Marriage of Fraser CA4/1
Cal. Ct. App. · 2022 · confidence medium
“The burden of affirmatively demonstrating error is on the appellant.” (Fundamental Investment etc. Realty Fund v. Gradow (1994) 28 Cal.App.4th 13 966, 971 ; In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 822 (Falcone).) “Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson); see United Grand Corp. v…
discussed Cited as authority (rule) Howerton v. Cal. Dept. of Social Services CA4/1
Cal. Ct. App. · 2022 · confidence medium
(Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1247 (Nwosu).) We treat pro. per. litigants like any other party, affording them “ ‘the same, but no greater consideration than other litigants and attorney.’ ” (Ibid.) A judgment is presumed correct on appeal, and it is the appellant’s burden, whether proceeding in pro. per. or represented by counsel to “affirmatively demonstrate prejudicial error.” (People v. Garza (2005) 35 Cal.4th 866, 881 (Garza).) “Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or a…
discussed Cited as authority (rule) Carter v. Homestreet Bank CA5
Cal. Ct. App. · 2022 · confidence medium
(Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655 [lack of adequate legal and factual analysis results in forfeiture of argument]; Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [same]; Placer County Local Agency Formation Com. v. Nevada County Local Agency Formation Com. (2006) 135 Cal.App.4th 793, 814 [“We need not address points in appellate briefs that are unsupported by adequate factual or legal analysis”]; People v. Harper (2000) 82 (§ 473, subd. (d); see Plaza Hollister Ltd.
discussed Cited as authority (rule) Duff v. Jaguar Land Rover North America CA4/1
Cal. Ct. App. · 2022 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’ ”]; Premier Medical Management Systems, Inc. v. California Ins.
discussed Cited as authority (rule) Nilson v. White CA4/1
Cal. Ct. App. · 2021 · confidence medium
(See, e.g., Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’ ”].) 42 We therefore conclude that appellants have not demonstrated that the trial court abused its discretion in determining that, because appellants did not submit the required declaration, Hovore’s testimony regarding the reasonableness and necessity of respo…
discussed Cited as authority (rule) People v. Siqueros CA2/5
Cal. Ct. App. · 2021 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’”]; In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“We are not bound to develop appellants’ argument for them. [Citation.] The absence of cogent legal argument or citation to authority allows this court to treat the contention as waived”].) 2 subd. (a…
discussed Cited as authority (rule) People v. Stallworth CA3
Cal. Ct. App. · 2021 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [when an appellant asserts a point “ ‘but fails to support it with reasoned argument and citations to authority, we treat the point as waived’ ”].) We now turn to Stallworth’s numerous forfeited claims.
discussed Cited as authority (rule) Sproul v. Rothermel CA4/1
Cal. Ct. App. · 2021 · confidence medium
The appellate court is not required to search the record on its own seeking error.” (Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 768 ; see City of Santa Maria v. Adam (2012) 211 Cal.App.4th 266, 286-287 [“[T]o demonstrate error, an appellant must supply the reviewing court with some cogent argument supported by legal analysis and citation to the record”]; Cal. Rules of Court, rule 8.204(a)(1)(C).) 8 “Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with rea…
discussed Cited as authority (rule) Marriage of Sangha CA4/1
Cal. Ct. App. · 2021 · confidence medium
(Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856 .) “Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citations.]’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson); see United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 146 (Malibu Hillbillies) [“ ‘In order to demonstrate error, an appellant must supply the reviewing …
discussed Cited as authority (rule) Gary M. v. Crystal S. CA2/1
Cal. Ct. App. · 2020 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’ ”].) Further, because Mother failed to provide an adequate appellate record that includes, for example, the reporter’s transcript of the evidentiary hearing or Father’s or Son’s filings relating to the restraining and custody/visitation orders, we conclude Mother has defaulted as to any argument that the family law court’s orders were not suppo…
discussed Cited as authority (rule) Anderson v. Kids Included Together CA4/1
Cal. Ct. App. · 2020 · confidence medium
Analysis For any appellant, “[a]ppellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citations.]’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson).) “We are not bound to develop appellants’ argument for them. [Citation.] The absence of cogent legal argument or citation to authority allows this court to treat the contention as waived.” (In re Marriage of Falcon…
discussed Cited as authority (rule) Hanouchian v. Steele
Cal. Ct. App. · 2020 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“Appellate briefs must provide argument and legal authority for the positions taken. ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ”].) 2 FACTS AND PROCEDURAL BACKGROUND Consistent with the applicable standard of review, we draw our statement of facts from the allegations of plaintiff’s operative first amended complaint and other matters properly subject to judicial notice.2 (Orange Unified Schoo…
discussed Cited as authority (rule) Potter v. Alliance United Ins. Co.
Cal. Ct. App. · 2019 · confidence medium
Potter Waived Any Challenge to the Demurrer Ruling on the Common Law Cause of Action Though Potter’s briefs on appeal include passing mentions of his cause of action for common law fraudulent conveyance, he includes no meaningful discussion of it and cites no pertinent authority regarding it. “‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [ ].) ‘We are not bound to develop appellants’ arguments for …
cited Cited as authority (rule) Small Property Owners, etc. v. City and County of San Francisco
Cal. Ct. App. · 2018 · confidence medium
(See Nelson v. Avondale HOA (2009) 172 Cal.App.4th 857, 862 [declining to consider contention unsupported by discussion of legal authorities]; Tilbury Constructors, Inc. v. State Comp. 14 Ins.
discussed Cited as authority (rule) Stover v. Bruntz
Cal. Ct. App. · 2017 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson) [court declined to address argument on issue that appellant had failed to provide more than a brief recitation of the argument in his appellate brief without supporting authority]; (Duarte, supra, 72 Cal.App.4th at p. 856 [“If a party fails to support an argument with the necessary citations to the record, that portion of the brief may be stricken and the argument deemed to have been waived”].) Citing Murray, a spousal support case involving no children, Stover contends the retroactivity condition in the April 20…
discussed Cited as authority (rule) Minnegren v. Nozar
Cal. Ct. App. · 2016 · confidence medium
In her appellate briefs, she cites no law supporting this novel contention. “ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ” (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [ 91 Cal.Rptr.3d 726 ].) It bears repeating that whether there was a breach of the duty of care, and whether there was resulting damage, are questions of fact. ( Shively, supra, 29 Cal.App.4th at pp. 1627-1628.) Thus, whether Nozar believed and admitted after the fact that he cau…
discussed Cited as authority (rule) California Public Records Research, Inc. v. County of Yolo
Cal. Ct. App. · 2016 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [ 91 Cal.Rptr.3d 726 ] [“ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’ ”].) B.
discussed Cited as authority (rule) Brewer Corp. v. Point Center Mortgage Fund CA4/1
Cal. Ct. App. · 2016 · confidence medium
(See Nelson v. Avondale Homeowner's Assn. (2009) 172 Cal.App.4th 857, 862 ["When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived."].) 8 Section 701.010 provides in full: "(a) Except as otherwise provided by statute, when a levy is made by service of a copy of the writ of execution and a notice of levy on a third person, the third person at the time of levy or promptly thereafter shall comply with this section. [¶] (b) Unless the third person has good cause for failure or refusal to do so…
discussed Cited as authority (rule) Castaneda v. Ramirez CA1/1
Cal. Ct. App. · 2016 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [failure to support argument with relevant citations to record waives issue on appeal].) Furthermore, Ramirez never made any claim of privilege in the trial court or objected to Castaneda’s testimony about his communications with her employer.
discussed Cited as authority (rule) De Elias v. Clark CA2/2
Cal. Ct. App. · 2016 · confidence medium
Appellant argues that all of respondent’s accusations against him were based on [“Issues presented on appeal must actually be litigated in the trial court”]; Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citation to authority, we treat the point as waived. [Citations.]’”].) 2 In a completely contradictory argument, appellant states that the requirements for Family Code sections 6251 and 6250.3 were not met according to the law enforcement findings.
discussed Cited as authority (rule) Brandon v. City of San Diego CA4/1
Cal. Ct. App. · 2016 · confidence medium
His failure to do so is fatal to his argument.4 (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 ["Appellate briefs must provide argument and legal authority for the positions taken. 'When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.' "].) However, even if we were to consider Brandon's claim, on the merits, we would find no triable issue of material fact as to the existence of an implied easement.
discussed Cited as authority (rule) Love v. County of Los Angeles CA2/2
Cal. Ct. App. · 2016 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’”].) 17 DISPOSITION The judgment is affirmed.
discussed Cited as authority (rule) Adler v. City of National City CA4/1
Cal. Ct. App. · 2016 · confidence medium
(Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856 (Duarte).) "Appellate briefs must provide argument and legal authority for the positions taken. 'When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.' " (Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 (Nelson).) "We are not bound to develop appellants' argument for them. [Citation.] The absence of cogent legal argument or citation to authority allows this court to treat the contention as waived." (In …
discussed Cited as authority (rule) Harvell v. Paschal CA2/2
Cal. Ct. App. · 2016 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citations]’”].) DISPOSITION The order is affirmed.
discussed Cited as authority (rule) Charlot v. Carefusion Resources CA4/1
Cal. Ct. App. · 2016 · confidence medium
(See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 ["Appellate briefs must provide argument and legal authority for the positions taken. 'When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.' "].) Charlot's other allegation of fraud involved CareFusion misrepresenting why he was fired.
discussed Cited as authority (rule) Lewings v. Chipotle Mexican Grill, Inc. CA2/2
Cal. Ct. App. · 2015 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’”].) In any event, the causes of action underlying the PAGA cause of action cannot properly be characterized as purely derivative of section 3751.
discussed Cited as authority (rule) Lewings v. Chipotle Mexican Grill, Inc. CA2/2
Cal. Ct. App. · 2015 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’”].) In any event, the causes of action underlying the PAGA cause of action cannot properly be characterized as purely derivative of section 3751.
discussed Cited as authority (rule) Ocean Avenue LLC v. County of L.A. CA2/2
Cal. Ct. App. · 2015 · confidence medium
(People v. Foss (2007) 155 Cal.App.4th 113, 126 [“‘When an appellant fails to apply the appropriate standard of review, the argument lacks legal force’”]; Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“When an appellant fails to raise a 9 point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived”].)4 IV.
discussed Cited as authority (rule) Telecom Network Specialists v. Engineering Network International CA2/7
Cal. Ct. App. · 2015 · confidence medium
(See People v. JTH Tax, Inc. (2013) 212 Cal.App.4th 1219, 1260 [disregarding argument accompanied by “virtually no legal analysis”]; Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [conclusory statements do not qualify as “cogent legal argument”].) Respondents separately contend that the evidence TNS submitted in support of its oppositions to the motions for summary judgment “establish[es] that the staffing companies did in fact . . . pay for meal and rest breaks [and] overtime, thus defeating its claim that the staffing companies breached the contract.” In supp…
discussed Cited as authority (rule) FTR International v. Bd. of Trustees of the Los Angeles Community College Dist. CA2/2
Cal. Ct. App. · 2015 · confidence medium
(Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived’”].) 33 the mixed motive test in Mt.
Retrieving the full opinion text from the archive…
STEVEN NELSON, Plaintiff and Appellant,
v.
AVONDALE HOMEOWNERS ASSOCIATION, Defendant and Respondent
E044045.
California Court of Appeal.
Feb 27, 2009.
172 Cal. App. 4th 857
Counsel, Veronica M. Aguilar for Plaintiff and Appellant., Hollins • Schechter, Tamara M. Heathcote and Jeffrey R. Gillette for Defendant and Respondent.
Ramirez.
Cited by 178 opinions  |  Published

[*859] Opinion

RAMIREZ, P. J.

Plaintiff and appellant Steven Nelson (Nelson) challenges the trial court ruling denying Nelson’s motion for a preliminary injunction. Nelson sought the injunction to stop defendant and respondent Avondale Homeowners Association (HOA) from preventing Nelson’s “visitors/guests/religious affiliates and patients from entering the gates at Avondale HOA” pending the resolution of Nelson’s complaint for causes of action including discrimination and declaratory relief. As discussed below, we find no merit to Nelson’s arguments and so affirm the trial court ruling.

Statement of Facts and Procedure

On June 20, 2007, after receiving a “right to sue” letter from the Department of Fair Employment and Housing, Nelson filed a complaint with the superior court, naming the HOA as defendant. The complaint alleged that Nelson is a “world renowned Homeopathic Nutritionist and religious counselor” with a doctorate in pharmacology and a doctor of clinical religious counseling. Nelson maintained his practice in an office in Palm Desert. Nelson’s wife died in 2004. In 2006, the complaint alleged, Nelson became ill with Epstein-Barr virus and hypothyroidism with concomitant adrenal exhaustion. One effect of the illness was bouts of dizziness. The complaint alleged that Nelson was restricted from driving and “from essentially leaving his home.”

At some point, Nelson relocated his religious and medical counseling practice to his home. Nelson would see up to eight individual patients a day for one-half hour at a time, five days a week. The complaint alleged that Nelson did not sell products or bill the patients from his home. The complaint further alleged that Nelson was not operating a “ ‘Home Business’ ” according to the rules and regulations of the HOA, and he asserted that the HOA was violating his rights under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), as well as the United States and California Constitutions by preventing Nelson’s visitors from entering the HOA grounds. The complaint alleged five causes of action: (1) disability discrimination under the FEHA; (2) religious discrimination under the FEHA; (3) breach of contract; (4) intentional infliction of emotional distress; and (5) declaratory relief.

[*860] On June 22, 2007, Nelson filed a motion for preliminary injunction. In his supporting declaration, Nelson declared that, beginning around May 12, 2007, the HOA “prevented anyone who was coming to visit or consult with me for religious or nutritional purposes from coming into the Avondale gate” after concluding that Nelson was running a home business in violation of the HOA’s rules and regulations. Nelson declared that the HOA’s actions were costing him $5,000 a day.

On July 16, 2007, the HOA filed its opposition to Nelson’s motion for preliminary injunction. In a declaration in support of the opposition, Mell Kilpatrick, a member of the HOA board of directors, declared that Nelson had been running a business from his home since December 2005. He also declared that Nelson had approximately 1,060 visitors and vendors travel in and out of the HOA gates from December 2005 to December 2006, and that Kilpatrick had personally witnessed people leaving Nelson’s home carrying small packages. Kilpatrick outlined the steps taken by the HOA, beginning with a petition signed by 15 [1] of Nelson’s neighbors, presented to the HOA board of directors, stating that Nelson was selling products from his home and asking that the sales be stopped. On March 29, 2007, the HOA sent Nelson a violation notice advising him of complaints that he was running a business out of his home in violation of the HOA’s rules and regulations. On April 11, 2007, the HOA sent Nelson a letter informing him of a hearing before the HOA board of directors on April 24, 2007, regarding this matter. On April 22, 2007, Nelson wrote a response to the violation letter explaining the situation with his illness and his business, and asking that he be allowed to proceed for an additional six to 12 months until he recovered. Nelson also stated he was medically unable to appear at the hearing.

The HOA board of directors held the hearing on April 24, 2007, and on April 27, 2007, sent Nelson a letter informing him of its three-part ruling. First, the board imposed a $200 enforcement assessment. Second, the board revoked all guest passes (“except for vendors such as landscapers, pool cleaners, housekeepers, etc.”) until Nelson provided a new permanent guest list of family and friends, stating that “Entry will be denied to those persons seeking to purchase goods and services from your home.” Third, the board stated that, once Nelson paid the enforcement assessment and provided a new permanent guest list, the HOA would “provide a reasonable accommodation to permit increased pickups and deliveries ... so that you can service your customers by mail” until Nelson could reopen his office.

[*861] Nelson filed his reply to the HOA’s opposition to his motion for preliminary injunction on July 20, 1997. In support of the opposition, Nelson attached the declaration of Sharon Morgan. Morgan declared that she was an employee at Nelson’s business office and that all billing, administrative work and product sales were handled from the business office. Morgan also declared that she had lived with Nelson since December 2006 and that Nelson required a significant amount of rest because of his illness and “can rarely leave his home.”

Nelson’s motion was heard on July 27, 2007. The trial court denied the motion, concluding that Nelson had admitted that he was seeing patients at his home, and that constituted a home business. The court also concluded that the HOA was not discriminating against Nelson based on his religion or disability. At the end of the hearing, the HOA asked the court to grant its ex parte application for issuance of an order to show cause for a preliminary injunction against the operation of Nelson’s home-based business. The court granted the order to show cause and set the hearing for August 31, 2007. This appeal followed on August 15, 2007.

Discussion

“In determining whether to issue a preliminary injunction, the trial court considers two related factors: (1) the likelihood that the plaintiff will prevail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a preliminary injunction. [Citation.] ...[][] The determination whether to grant a preliminary injunction generally rests in the sound discretion of the trial court. [Citation.] ‘Discretion is abused when a court exceeds the bounds of reason or contravenes uncontradicted evidence. [Citation.]’ [Citation.] [][]... [][] We reverse an order denying a preliminary injunction only if the trial court has abused its discretion in ruling on both factors. [Citation.]” (14859 Moorpark Homeowner’s Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396, 1402-1403 [74 Cal.Rptr.2d 712], italics added.)

Nelson’s arguments on appeal as to the likelihood that he will prevail on the merits of the case at trial are for the most part easily dispatched. This is in part because they are without merit, and in part because they are not well made according to the established standards of appellate practice.

[*862] First, Nelson argues that the FEHA prohibits discrimination in all aspects of housing based on disability, medical condition and religion. He further states that the HOA was on notice of his disability through his letter dated April 22, 2007, but refused to meaningfully accommodate him; not to mention that Nelson received a “right to sue” letter from the Department of Fair Employment and Housing. A discussion of the legal authorities establishing that the HOA was required to accommodate Nelson, and specifying what the HOA was required to do, would have been helpful here, along with some demonstration that the HOA is a covered entity and its actions here are reviewable under the FEHA. Absent this, we decline to address the issue. (See Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856 [85 Cal.Rptr.2d 521].)

Second, Nelson argues that the Unruh Civil Rights Act (Civ. Code, § 51) prohibits discrimination regarding disability, medical condition, and religion, and that the HOA is a “ ‘business establishment’ ” within the meaning of this provision. This may be a true statement of the law, but it is not a cogent legal argument, with relevant citations to the record, establishing that the trial court abused its discretion when it found Nelson had not established a probability of success on the merits, at least as to whether the HOA violated the Unruh Civil Rights Act. We also likewise decline to address this issue.

Third, Nelson argues that, under Civil Code section 53, which prohibits restrictive covenants on the use of property based on disability or religion, the HOA’s rules and regulations are void and unenforceable because they have a disparate impact on Nelson and his guests. Appellate briefs must provide argument and legal authority for the positions taken. “When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citations.]” (Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784-785 [79 Cal.Rptr.2d 273].) Again, Nelson has failed to provide more than a brief recitation of his argument on this issue, and so we decline to address it.

Fourth, Nelson argues that the HOA’s failure to enforce its rules and regulations from December 2005 to April 2007 constitutes a waiver. Again, Nelson makes only this blanket statement, with no citation to authority or discussion of the authority as it applies to the facts of this case, and so this point is waived.

[*863] Fifth, Nelson argues he is not engaged in a “ ‘home business’ ” under the rules and regulations, and thus the HOA acted “arbitrarily and capriciously” when it fined him and restricted his visitors to those on his permanent guest list, even after Nelson “placed Respondents on notice of his disability and religious practices.” We disagree. As the trial court stated in its minute order denying the preliminary injunction, Nelson has admitted that he runs a business out of his home. In his letter to the HOA on April 22, 2007, Nelson stated, “The continuity of my business and my livelihood are at stake. Thus, I respectfully request that I be allowed to continue to work from my home . . . .” Nelson alleged in his complaint that he would see up to eight people for “religious and medical counseling” a day, five days per week, which was the same practice in which he was engaged at his business office. Nelson also alleged in his declaration in support of the motion for preliminary injunction that he loses $5,000 a day when he is not seeing patients. In addition, Nelson’s business violated section 7(a)(4) of the rules and regulations (“Pedestrian and vehicular traffic will be limited to that normally associated with residential districts”) in that he admitted he had up to eight visitors a day, five times a week. Finally, in violation of section 7(a) of the rules and regulations (“The conduct of a home occupation requires both the approval of the City of Palm Desert and the approval of the Association”), Nelson did not seek permission from either the City of Palm Desert or the HOA until after he received the notice of violation in April 2007. Thus, the trial court did not abuse its discretion when it determined that Nelson could not establish a probability of success on the merits because he was running a home business in direct violation of the rules and regulations.

Sixth, Nelson argues that the HOA illegally has refused to provide him with a “meaningful reasonable accommodation” under the federal Fair Housing Amendments Act of 1988. (42 U.S.C.S. § 3601 et seq.) We could find no reference to this federal housing nondiscrimination law in Nelson’s written or oral arguments below. Because Nelson did not make this argument in the trial court, it is waived on appeal. (See Doers v. Golden Gate Bridge etc. Dist. (1979) 23 Cal.3d 180, 184-185, fn. 1 [151 Cal.Rptr. 837, 588 P.2d 1261].)

The trial court did not abuse its discretion when it determined that Nelson had not established a probability of success on the merits. Further, we need not consider Nelson’s arguments on the potential for irreparable injury because, as set forth above, an appellant seeking reversal of an order denying a preliminary injunction must establish that the trial court has abused its discretion in ruling on both factors. For these reasons, we conclude that Nelson has not carried his burden to establish that the trial court abused its discretion when it denied his motion for preliminary injunction.

[*864] Disposition

The trial court’s ruling denying Nelson’s motion for preliminary injunction is affirmed. The HOA shall recover from Nelson its costs on appeal.

Gaut, J., and Miller, J., concurred.

1

Listed on the petition are 19 individuals from 15 addresses.