110 California opinions name it 2 courts 1930–2026 47 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Guthrey v. State of Californiagreen2 sentences2026(Cal. Rules of Court, rule 8.204(a)(1)(C).) We are not “ ‘required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.’ ” (Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115 .) Counsel must refer us to the portion of the record supporting its contentions on appeal, otherwise we may treat them as forfeited. 2021(Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115 (Guthrey) [“‘The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.’ [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant’s contentions on appeal. [Citation.] If no citation ‘is furnished on a particular point, the court may treat it as waived’”].) Yidan’s opening brief in this appeal includes a “statement of facts” that consists mostly of some procedural history, assertio | 11 | 31 |
McComber v. Wellsgreen2 sentences2023(McComber v. Wells (1999) 72 Cal.App.4th 512, 522-523 [“‘The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment. . . . [E]very brief should contain a legal argument with citation of authorities on the points made. 2020Generally, “‘[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment. . . .’” (McComber v. Wells (1999) 72 Cal.App.4th 512, 522 .) Nonetheless, we briefly address this contention and find it unpersuasive. | 5 | 20 |
Mansell v. Board of Administration of the Public Employees' Retirement Systemgreen2 sentences2023Again, it is not our job to cull the record in search of error, it is Plaintiff’s job to affirmatively demonstrate error, (Okorie, supra, 14 Cal.App.5th at p. 600 ); we are “not required to examine undeveloped claims, nor to make arguments for parties,” (Paterno v. State of California, supra, 74 Cal.App.4th at p. 106 ); and “it is not this court’s function to serve as . . . backup appellate counsel,” (Mansell v. Board of Administration, supra, 30 Cal.App.4th at p. 546 ). 2022(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 ; Meridian Financial Services, Inc. v. Phan (2021) 67 Cal.App.5th 657 , 684.) Although we have no obligation to make an unassisted study of the record in search of error or to 8 make arguments for reversal for Howard (Mansell v. Board of Administration (1994) 30 Cal.App.4th 539, 545-546 ), we have reviewed the record and determined the judgment is correct. | 5 | 9 |
Pizarro v. Reynosogreen2 sentences2023(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 165, fn. 6 (United Grand Corp).) [we may disregard conclusory arguments that are not supported by pertinent legal authority or fail to disclose the reasoning by which the appellant reached the conclusions he wants us to adopt].) A reviewing court has no obligation to “develop appellants’ argument for them.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 ; see also Pizarro v. Reynoso (2017) 10 Cal.App.5th 172 , 179–181; see Ellenberger v. Espinosa (1994) 30 Cal.App.4th 943, 948 [“We are not required to 2022A party is required in his or her brief to “[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority.” (Rule 8.204(a)(1)(B), italics added; see Pizarro, supra, 10 Cal.App.5th at 29 p. 179.) A reviewing court has no obligation to “develop appellants’ argument for them.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 ; see Pizarro at p. 179 [an appellant forfeits his argument if “he did not sufficiently apprise the court of what argument he was trying to make”]; see Ellenberge | 4 | 5 |
Dills v. Redwoods Associates, Ltd.green2 sentences2022An appellate court has no obligation to “develop the appellants’ arguments for them.” (Dills v. Redwoods Associates, Ltd. (1994) 28 Cal.App.4th 888, 890, fn. 1 .) As one court has explained, “We are not required to make an independent, unassisted study of the record in search of error or grounds to challenge a trial court’s action. . . . 2014(People v. Stanley (1995) 10 Cal.4th 764, 793 .) “Where any error is relied on for a reversal it is not sufficient for appellant to point to the error and rest there.” (Santina v. General Petroleum Corp. (1940) 41 Cal.App.2d 74, 77 .) “It is not our responsibility to develop an appellant’s argument. [Citation.]” (Alvarez v. Jacmar Pacific Pizza Corp. (2002) 100 Cal.App.4th 1190, 1206, fn. 11 ; Dills v. Redwoods Associates, Ltd. (1994) 28 Cal.App.4th 888, 890, fn. 1 ) [“We will not develop the appellants’ arguments for them”].) “The reviewing court is not required to make an independent, unassi | 4 | 4 |
Ellenberger v. Espinosagreen2 sentences2023(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 165, fn. 6 (United Grand Corp).) [we may disregard conclusory arguments that are not supported by pertinent legal authority or fail to disclose the reasoning by which the appellant reached the conclusions he wants us to adopt].) A reviewing court has no obligation to “develop appellants’ argument for them.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 ; see also Pizarro v. Reynoso (2017) 10 Cal.App.5th 172 , 179–181; see Ellenberger v. Espinosa (1994) 30 Cal.App.4th 943, 948 [“We are not required to 2022A party is required in his or her brief to “[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority.” (Rule 8.204(a)(1)(B), italics added; see Pizarro, supra, 10 Cal.App.5th at 29 p. 179.) A reviewing court has no obligation to “develop appellants’ argument for them.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 ; see Pizarro at p. 179 [an appellant forfeits his argument if “he did not sufficiently apprise the court of what argument he was trying to make”]; see Ellenberge | 3 | 7 |
Cahill v. San Diego Gas & Electric Co.green2 sentences2022For example, Burlesque has not demonstrated the City has a clear duty to issue Burlesque a permit renewal or a variance or that Burlesque has a clear right to such acts. “ ‘As a general rule, “[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.” [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the 9 “Where . . . the plaintiff seeks a writ of mandate under . . . section 1085, ‘ “ ‘[i]f an administrative remedy is available and has not yet been exhausted, an adequa 2021The point is treated as waived and we pass it without further consideration.” (Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2002) 100 Cal.App.4th 1066, 1078 .) “ ‘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 contention as waived.’ ” (Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 .) Much of Manickam’s briefing does not satisfy these minimum standards. | 3 | 6 |
Alvarez v. Jacmar Pacific Pizza Corp.green2 sentences2014Simply put, “[i]t is not our responsibility to develop an appellant’s argument.” (Alvarez v. Jacmar Pacific Pizza Corp. (2002) 100 Cal.App.4th 1190, 1206, fn. 11 .) “‘The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment. 2014(People v. Stanley (1995) 10 Cal.4th 764, 793 .) “Where any error is relied on for a reversal it is not sufficient for appellant to point to the error and rest there.” (Santina v. General Petroleum Corp. (1940) 41 Cal.App.2d 74, 77 .) “It is not our responsibility to develop an appellant’s argument. [Citation.]” (Alvarez v. Jacmar Pacific Pizza Corp. (2002) 100 Cal.App.4th 1190, 1206, fn. 11 ; Dills v. Redwoods Associates, Ltd. (1994) 28 Cal.App.4th 888, 890, fn. 1 ) [“We will not develop the appellants’ arguments for them”].) “The reviewing court is not required to make an independent, unassi | 3 | 3 |
Duarte v. Chino Community Hospitalgreen2 sentences2014(McComber v. Wells (1999) 72 Cal.App.4th 512, 522-523 (McComber); Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856 (Duarte) [Fourth Dist., Div. Two].) A reviewing court is not required to make an “‘independent, unassisted study of the record in search of error . . . .’ [Citation.]” ( McComber, supra, at pp. 522-523 .) If the party fails to provide both citation to legal authority and citation to the record in support of his or her contention, the reviewing court may treat the issue as waived. 2014(See, e.g., Kim v. Sumitomo Bank (1993) 17 Cal.App.4th 974, 979 [reviewing court may disregard contentions unsupported by citation to authorities or to the record]; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 [same]; Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856 [same]; Ojavan Investors, Inc. v. California Coastal Commission (1997) 54 Cal.App.4th 373, 391 [same]; see also McComber v. Wells (1999) 72 Cal.App.4th 512, 522 [“ ‘reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment’ ”].) Wi | 3 | 3 |
Troensegaard v. Silvercrest Industries, Inc.green2 sentences2008It is entitled to the assistance of counsel." (9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 594, p. 627.) Accordingly, where a party provides a brief "without argument, citation of authority or record reference establishing that the points were made below," we may "treat the points as waived, or meritless, and pass them without further consideration." ( Troensegaard v. Silvercrest Industries, Inc. (1985) 175 Cal.App.3d 218, 228 [ 220 Cal.Rptr. 712 ].) We nonetheless address Best's points to the extent possible. [6] Best contends that even if injunctive relief was unavailable because the C 2008It is entitled to the assistance of counsel." (9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 594, p. 627.) Accordingly, where a party provides a brief "without argument, citation of authority or record reference establishing that the points were made below," we may "treat the points as waived, or meritless, and pass them without further consideration." ( Troensegaard v. Silvercrest Industries, Inc. (1985) 175 Cal.App.3d 218, 228 [ 220 Cal.Rptr. 712 ].) We nonetheless address Best's points to the extent possible. [6] Best contends that even if injunctive relief was unavailable because the C | 3 | 3 |
Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Boardgreen2 sentences2026The point is treated as waived and we pass it without further consideration.” (Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2002) 100 Cal.App.4th 1066, 1078 .) We conclude the trial court properly overruled Asif’s objections to the relevant portions of Gorgone’s testimony. 2026(See Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2002) 100 Cal.App.4th 1066, 1078 [“The court is not required to make an independent, unassisted study of the record in search of error”]; Sharabianlou v. Karp (2010) 181 Cal.App.4th 1133, 1149 [“Counsel is obligated to refer us to the portions of the record supporting his or her contentions on appeal. . . . | 2 | 6 |
Sprague v. Equifax, Inc.green2 sentences2024We are “ ‘not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.’ ” (Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1050 .) Where an appellant’s brief fails to contain cognizable legal argument with citation to supporting authorities, we may deem the appeal as abandoned, justifying dismissal. 2013(See Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1050 ["The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment. | 2 | 5 |
Bullock v. Phillip Morris USA, Inc.green2 sentences2022Forrester does not discuss this argument in his reply brief. “‘“The reviewing court is not required to make an independent, unassisted study of the record in search of error . . . .” [Citations.] It is the duty of [appellant] to refer the reviewing court to the portion of the record which supports appellant’s contentions on appeal. [Citation.] If no citation “is furnished on a particular point, the court may treat it as waived.”’ [Citation.]” (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 862 ; citing Bullock v. Philip Morris USA, Inc. (2008) 159 Cal.App.4th 655, 685 [“An appellant must a 2014“An appellant must affirmatively demonstrate error through reasoned argument, citation to the appellate record, and discussion of legal authority.” (Bullock v. Philip Morris USA, Inc. (2008) 159 Cal.App.4th 655, 685 .) “‘The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.’ [Citations.]” (Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115 , quoting 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 594, p. 627.) Where “an appellant fails to raise a point, or asserts it but fails to support | 2 | 4 |
Horowitz v. Noblegreen2 sentences2021Fletcher v. Western National Life Insurance Co. (1970 10 Cal. App. 3d 376 ; Hughes v Pair (2009) 46 Cal. 4th 1035 .” (Sic.) 6 contentions on appeal; and ‘ “we need not address contentions not properly briefed.” ’ (Winslett v. 1811 27th Avenue, LLC (2018) 26 Cal.App.5th 239, 248, fn. 6 (Winslett).) “ ‘ “The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.” ’ (Horowitz v. Noble (1978) 79 Cal.App.3d 120, 139 (Horowitz); Pizarro v. Reynoso (2017) 10 Cal.App.5th 172, 181 (Pizarro) [‘It is not our responsibi 2015"Rather than scour the record unguided, we may decide that the appellant has waived a point urged on appeal when it is not supported by accurate citations to the record. [Citations.] Similarly, we may disregard conclusory arguments that are not supported by pertinent legal authority or fail to disclose the reasoning by which the appellant reached the conclusions he wants us to adopt." (City of Santa Maria v. Adam, supra, 211 Cal.App.4th at p. 287 .) We conclude Yuan's briefing constitutes a forfeiture of appellate review. " 'The reviewing court is not required to make an independent, unassiste | 2 | 3 |
| Suk Yong Kim v. Sumitomo Bankgreen | 2 | 2 |
| Nelson v. Avondale Homeowners Assn.green | 2 | 2 |
Lonely Maiden Productions v. Goldentree Asset Managementgreen2 sentences2026(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 153 ; Cal. Rules of Court, rule 8.204(a)(1)(C) [each brief on appeal must “[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears”].) “‘As a general rule, “[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.” [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant’s contentions on appe 2026(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 153 ; Cal. Rules of Court, rule 8.204(a)(1)(C) [each brief on appeal must “[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears”].) “‘As a general rule, “[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.” [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant’s contentions on appe | 1 | 8 |
People v. Stanleygreen2 sentences2014(People v. Stanley (1995) 10 Cal.4th 764, 793 .) “Where any error is relied on for a reversal it is not sufficient for appellant to point to the error and rest there.” (Santina v. General Petroleum Corp. (1940) 41 Cal.App.2d 74, 77 .) “It is not our responsibility to develop an appellant’s argument. [Citation.]” (Alvarez v. Jacmar Pacific Pizza Corp. (2002) 100 Cal.App.4th 1190, 1206, fn. 11 ; Dills v. Redwoods Associates, Ltd. (1994) 28 Cal.App.4th 888, 890, fn. 1 ) [“We will not develop the appellants’ arguments for them”].) “The reviewing court is not required to make an independent, unassi 2013(People v. Stanley (1995) 10 Cal.4th 764, 793 .) “Where any error is relied on for a reversal it is not sufficient for appellant to point to the error and rest there.” (Santina v. General Petroleum Corp. (1940) 41 Cal.App.2d 74, 77 .) “It is not our responsibility to develop an appellant’s argument. [Citation.]” (Alvarez v. Jacmar Pacific Pizza Corp. (2002) 100 Cal.App.4th 1190, 1206, fn. 11 ; Dills v. Redwoods Associates, Ltd. (1994) 28 Cal.App.4th 888, 890, fn. 1 ) [“We will not develop the appellants’ arguments for them”].) “The reviewing court is not required to make an independent, unassi | 1 | 6 |
United Grand Corp. v. Malibu Hillbillies, LLCgreen2 sentences2026(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 153 ; Cal. Rules of Court, rule 8.204(a)(1)(C) [each brief on appeal must “[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears”].) “‘As a general rule, “[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.” [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant’s contentions on appe 2026(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 153 ; Cal. Rules of Court, rule 8.204(a)(1)(C) [each brief on appeal must “[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears”].) “‘As a general rule, “[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.” [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant’s contentions on appe | 1 | 4 |
Benach v. County of Los Angelesgreen2 sentences2023(Petrolink, Inc. v. Lantel Enterprises (2022) 81 Cal.App.5th 156 , 165.) An appellate court is “ ‘not required to make an independent, unassisted study of the record in search of error or grounds to challenge a trial court’s action’ ” (Yazdi v. Dental Board of California (2020) 57 Cal.App.5th 25 , 36) or “ ‘consider alleged error where the appellant merely complains of it without pertinent argument.’ ” (Poway Royal Mobilehome Owners Assn. v. City of Poway (2007) 149 Cal.App.4th 1460, 1480 ; see also Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [“When an appellant fails to ra 2015When 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.'' (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 .) Rule 8.204(a)(1)(C) of the California Rules of Court places the burden on appellants to "[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears.'' Thus, '' '[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support | 1 | 4 |
In Re Marriage of Falcone & Fykegreen2 sentences2023(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 165, fn. 6 (United Grand Corp).) [we may disregard conclusory arguments that are not supported by pertinent legal authority or fail to disclose the reasoning by which the appellant reached the conclusions he wants us to adopt].) A reviewing court has no obligation to “develop appellants’ argument for them.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 ; see also Pizarro v. Reynoso (2017) 10 Cal.App.5th 172 , 179–181; see Ellenberger v. Espinosa (1994) 30 Cal.App.4th 943, 948 [“We are not required to 2022A party is required in his or her brief to “[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority.” (Rule 8.204(a)(1)(B), italics added; see Pizarro, supra, 10 Cal.App.5th at 29 p. 179.) A reviewing court has no obligation to “develop appellants’ argument for them.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 ; see Pizarro at p. 179 [an appellant forfeits his argument if “he did not sufficiently apprise the court of what argument he was trying to make”]; see Ellenberge | 1 | 2 |
| Kobayashi v. Superior Courtgreen | 1 | 1 |
| Scheherezade Sharabianlou v. Karpgreen | 1 | 1 |
| NIKO v. Foremangreen | 1 | 1 |
| Fierro v. Landry's Rest. Inc.green | 1 | 1 |
| Vikse v. Flabygreen | 1 | 1 |
| County of Butte v. EMERGENCY MEDICAL SERVICES AUTHORITYgreen | 1 | 1 |
| Winslett v. 1811 27th Ave., LLCgreen | 1 | 1 |
| Singh v. Lipworth CA3green | 1 | 1 |
| People v. Doughertygreen | 1 | 1 |
| Ojavan Investors, Inc. v. California Coastal Com.green | 1 | 1 |
| Nwosu v. Ubagreen | 1 | 1 |
| Al Larson Boat Shop, Inc. v. Board of Harbor Commissionersgreen | 1 | 1 |
| Aguilar v. Avis Rent a Car System, Inc.green | 1 | 1 |
| People v. Wonggreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Denham v. Superior Court
green
2 sentences2024We have stated that it “is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594 , 608−609 (Jameson).) As the appellant, L.R. must “affirmatively” show error; “ ‘[t]his is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.’ ” (Denham v. Sup 2024We have stated that it “is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594 , 608−609 (Jameson).) As the appellant, L.R. must “affirmatively” show error; “ ‘[t]his is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.’ ” (Denham v. Sup | 9 | 2015–2024 |
In Re SC
green
2 sentences2022(In re S.C., supra, 138 Cal.App.4th at p. 408 .) An appellate court is not required to make an independent review of the record in search of error or theories to undermine the judgment and defeat the presumption of correctness. 2021DISCUSSION “It is the appellant’s burden to demonstrate the existence of reversible error.” (Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 766 .) “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. [Citations.] When a point is asserted without argument and authority for the proposition, ‘it is deemed to be without foundation and requires no discussion by the reviewing court.’ ” (In re S.C. (2006) 138 Cal.App.4th 396, 408 .) As the reviewing court, we will not | 7 | 2014–2022 |
Guthrey v. State of California
green
2 sentences2018(See In re S.C . (2006) 138 Cal.App.4th 396 , 408, 41 Cal.Rptr.3d 453 ["When a point is asserted without argument and authority for the proposition, 'it is deemed to be without foundation and *797 requires no discussion by the reviewing court' "].) With respect to the record, in particular, " '[t]he reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.' [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant's contentions on appeal. [Citation 2011“As a general rule, ‘The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.’ [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant’s contentions on appeal. [Citation.] If no citation ‘is furnished on a particular point, the court may treat it as waived.’ [Citation.]” (Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115 [ 75 Cal.Rptr.2d 27 ].) 4. | 7 | 2003–2018 |
Del Real v. City of Riverside
green
2 sentences2026Pacific Center, Inc. (2012) 203 Cal.App.4th 336, 348 .) “It is the appellant’s burden to demonstrate the existence of reversible error.” (Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 766 .) “ ‘In order to demonstrate error, an appellant must supply the reviewing court with some cogent argument supported by legal analysis and citation to the record.’ ” (United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 153 .) “ ‘The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.… [E] 2021DISCUSSION I Standard of Review A judgment or order of the lower court is presumed correct and it is “appellant’s burden to demonstrate the existence of reversible error.” (Denham v. Superior Court of Los Angeles (1970) 2 Cal.3d 557, 564 ; Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 766 .) As the reviewing court, we will not perform an independent, unassisted review of the record in search of error or grounds to support the judgment. | 4 | 2018–2026 |
Allen v. City of Sacramento
green
2 sentences2024If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration.’” (McComber v. Wells (1999) 72 Cal.App.4th 512, 522 .) “The appellant may not simply incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on appeal. [Citation.] And the appellant must present each point separately in the opening brief under an appropriate heading, showing the nature of the question to be presented and the point to be made; otherwise, the point will be forfeited.” (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 656 .) “In 2024If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration.’” (McComber v. Wells (1999) 72 Cal.App.4th 512, 522 .) “The appellant may not simply incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on appeal. [Citation.] And the appellant must present each point separately in the opening brief under an appropriate heading, showing the nature of the question to be presented and the point to be made; otherwise, the point will be forfeited.” (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 656 .) “In | 4 | 2024–2024 |
Keyes v. Bowen
green
2 sentences2024If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration.’” (McComber v. Wells (1999) 72 Cal.App.4th 512, 522 .) “The appellant may not simply incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on appeal. [Citation.] And the appellant must present each point separately in the opening brief under an appropriate heading, showing the nature of the question to be presented and the point to be made; otherwise, the point will be forfeited.” (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 656 .) “In 2023Because “the trial court’s judgment is presumed to be correct,” “the appellant has the burden to prove otherwise by presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed forfeited.” (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655 .) A reviewing court “ ‘ “is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.” ’ ” (Lonely Maiden Productions, LLC v. GoldenTree Asset Management, LP (2011) 201 Cal.App.4th | 3 | 2023–2024 |
Jameson v. Desta
green
2 sentences2024We have stated that it “is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594 , 608−609 (Jameson).) As the appellant, L.R. must “affirmatively” show error; “ ‘[t]his is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.’ ” (Denham v. Sup 2024We have stated that it “is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594 , 608−609 (Jameson).) As the appellant, L.R. must “affirmatively” show error; “ ‘[t]his is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.’ ” (Denham v. Sup | 3 | 2023–2024 |
Badie v. Bank of America
green
2 sentences2016“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.” (Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784-785 ; see also Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115 [“reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment”]; Kim v. Sumitomo Bank (1993) 17 Cal.App.4th 974, 979 [appellate court “‘is not required to discuss or consider points which are not argued or which are not 2014(Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784-785 ; accord, Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 .) Any contention appellant may have had with respect to Sonic II is forfeited. 9 In Sonic II, the employer unsuccessfully petitioned the superior court to compel arbitration of an ex-employee’s administrative wage claim. | 3 | 2013–2016 |
Tanguilig v. Valdez
green
2 sentences2026(Tanguilig v. Valdez (2019) 36 Cal.App.5th 514, 520 .) As the reviewing court, we will not perform an independent, unassisted review of the record in search of error or grounds to support the judgment. 2024(Tanguilig v. Valdez (2019) 36 Cal.App.5th 514, 520 .) As the reviewing court, we will not perform an independent, unassisted review of the record in search of error or grounds to support the judgment. | 2 | 2024–2026 |
People v. Delgadillo
green
2 sentences2023In an appeal from the denial of a section 1172.6 petition, Wende does not apply; we are not required to independently review the record in search of error. ( Delgadillo, supra, 14 Cal.5th at pp. 226-231.) Rather, if the petitioner has declined to file a personal supplemental brief, the appeal should be dismissed as abandoned. 2023We offered petitioner an opportunity to file a personal supplemental brief, but he has not done so. 3 In an appeal from the denial of a section 1172.6 petition, Wende does not apply; we are not required to independently review the record in search of error. ( Delgadillo, supra, 14 Cal.5th at pp. 226-231.) Rather, if the petitioner has declined to file a personal supplemental brief, the appeal should be dismissed as abandoned. | 2 | 2023–2023 |
Sakaguchi v. Sakaguchi
green
2 sentences2022She contends she sought to introduce the photographs “in rebuttal and impeachment of evidence presented by Ryan,” but she does not cite to or even describe that evidence in her opening brief so that we might determine whether the photographs would have impeached or rebutted it. “ ‘ “The 10 reviewing court is not required to make an independent, unassisted study of the record in search of error . . . .” [Citations.] It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant’s contentions on appeal. [Citation.] If no citation “is furnished on a p 2022Forrester does not discuss this argument in his reply brief. “‘“The reviewing court is not required to make an independent, unassisted study of the record in search of error . . . .” [Citations.] It is the duty of [appellant] to refer the reviewing court to the portion of the record which supports appellant’s contentions on appeal. [Citation.] If no citation “is furnished on a particular point, the court may treat it as waived.”’ [Citation.]” (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 862 ; citing Bullock v. Philip Morris USA, Inc. (2008) 159 Cal.App.4th 655, 685 [“An appellant must a | 2 | 2022–2022 |
| Brewer v. Simpson green | 2 | 2016–2016 |
| Paulus v. Bob Lynch Ford, Inc. green | 2 | 2014–2016 |
| Maral v. City of Live Oak green | 2 | 2015–2015 |
| Santina v. General Petroleum Corp. green | 2 | 2013–2014 |
| Burnete v. La Casa Dana Apartments green | 1 | 2026–2026 |
| Habash v. L.A Pacific Center, Inc. green | 1 | 2026–2026 |
| McOwen v. Grossman green | 1 | 2025–2025 |
| Berger v. Godden green | 1 | 2024–2024 |
| Clauson v. Superior Court green | 1 | 2024–2024 |
| Paterno v. State green | 1 | 2023–2023 |
| Poway Royal Mobilehome Owners Ass'n v. City of Poway green | 1 | 2023–2023 |
| Okorie v. L. A. Unified Sch. Dist. green | 1 | 2023–2023 |
| Sims v. Department of Corrections & Rehabilitation green | 1 | 2023–2023 |
| El Camino Community College District v. Superior Court green | 1 | 2022–2022 |
| Smith v. County of Santa Barbara green | 1 | 2022–2022 |
| City of Long Beach v. Mansell green | 1 | 2022–2022 |
| Randall v. Mousseau green | 1 | 2022–2022 |
| Monterey Coastkeeper v. Monterey Cnty. Water Res. Agency green | 1 | 2022–2022 |
| Supervalu, Inc. v. Wexford Underwriting Managers, Inc. green | 1 | 2021–2021 |
| Fletcher v. Western National Life Insurance green | 1 | 2021–2021 |
| People v. Baniqued green | 1 | 2021–2021 |
| Zipperer v. County of Santa Clara green | 1 | 2021–2021 |
| Hughes v. Pair green | 1 | 2021–2021 |
| Paslay v. State Farm General Insurance Co. green | 1 | 2021–2021 |
| Bianco v. California Highway Patrol green | 1 | 2020–2020 |
| Long v. Century Indemnity Co. green | 1 | 2018–2018 |
| Bell v. H.F. Cox, Inc. green | 1 | 2016–2016 |
| Ballard v. Uribe green | 1 | 2015–2015 |
| Foust v. San Jose Construction Co. green | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.