done error (California) · Go Syfert
← California issues

done error in California

106 California opinions name it 3 courts 1952–2026 49 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.

Followed or applied (42)

CaseFollowedCited
Foreman & Clark Corp. v. Fallongreen
cal · 1971 · cited in 57 California opinions naming this issue, 1985–2026
2 sentences

2026Unless this is done the error is deemed to be waived.’ ” (Foreman & Clark Corporation v. Fallon (1971) 3 Cal.3d 875, 881 (Foreman); Pope, at p. 1246; see Ashby, at p. 513.) Teasdale has failed to follow this basic rule of appellate practice.

2026Unless this is done the error is deemed waived.” ’ ” Quoting Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 .].) “A reviewing court will not independently review the record to make up for the appellant’s failure to carry its burden on appeal.” (E.I. v. El Segundo Unified School Dist. (2025) 111 Cal.App.5th 1267 , 1285.) Thus, for multiple reasons, Sheehan has waived any substantial evidence challenge.

2057
Doe v. Roman Catholic Archbishop of Cashel & Emlygreen
calctapp · 2009 · cited in 7 California opinions naming this issue, 2013–2025
2 sentences

2025Unless this is done the error is deemed waived.” ’ ” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 ; see also Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1408 [“An appellant . . . who cites and discusses only evidence in her favor fails to demonstrate any error and waives the contention that the evidence is insufficient to support the judgment.”]; Doe v. Roman Catholic Archbishop of Cashel & Emly (2009) 177 Cal.App.4th 209, 218 [party challenging sufficiency of the evidence forfeited the issue by failing to mention the trial court’s findings and omitting the facts that supported those findi

2024Unless this is done the error is deemed to be waived.’ ” (Pope v. Babick (2014) 229 Cal.App.4th 1238, 1246 ; accord, Doe v. Roman Catholic Archbishop of Cashel & Emly (2009) 177 Cal.App.4th 209, 218 .) Here, Jackson fails to discuss the relevant material evidence, resulting in a forfeiture of his contention of insufficient evidence.

77
In Re Marriage of Finkgreen
cal · 1979 · cited in 7 California opinions naming this issue, 1982–2022
2 sentences

2016Unless this is done the error is deemed to be waived.’ (Italics added.) [Citations.]” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 ; accord, In re Marriage of Fink (1979) 25 Cal.3d 877, 887 ; see generally 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, §365, pp. 421–423, and §368, pp. 425–426.) Despite Ward’s flouting of those rules, we turn to Ward’s arguments.

2013Unless this is done the error is deemed to be waived.‟ [Citations.]” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 ; accord, In re Marriage of Fink (1979) 25 Cal.3d 877, 887 .) What Wuerfel attempts here is merely to reargue the “facts” as she would have them, an argumentative presentation that not only violates the rules noted above, but also disregards the admonition that she is not to “merely reassert [her] position at . . . trial.” (Conderback, Inc. v. Standard Oil Co. (1966) 239 Cal.App.2d 664, 687 ; accord, Albaugh v. Mt.

67
Nwosu v. Ubagreen
calctapp · 2004 · cited in 14 California opinions naming this issue, 2011–2025
2 sentences

2025Unless this is done the error is deemed waived.” ’ ” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 ; see also Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1408 [“An appellant . . . who cites and discusses only evidence in her favor fails to demonstrate any error and waives the contention that the evidence is insufficient to support the judgment.”]; Doe v. Roman Catholic Archbishop of Cashel & Emly (2009) 177 Cal.App.4th 209, 218 [party challenging sufficiency of the evidence forfeited the issue by failing to mention the trial court’s findings and omitting the facts that supported those findi

2024Unless this is done the error is deemed waived.”. . .’” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 (Nwosu).) SIL and Morongo argue that appellants forfeited their substantial evidence claim because their Opening Brief presents only the evidence supporting their case and “omits evidence which the trial court relied upon in reaching its decision.” We agree.

414
BROCKET v. Mooregreen
calctapp · 2003 · cited in 7 California opinions naming this issue, 2014–2026
2 sentences

2026Unless this is done the error is deemed to be waived.’ ”]; Brockey v. Moore (2003) 107 Cal.App.4th 86 , 96–97 [finding waiver for failure to set out all material facts and noting that appellant improperly “skewed” facts in his own favor].) DISPOSITION The judgment is affirmed.

2026Unless this is done the error is deemed to be waived.’ ”]; Brockey v. Moore (2003) 107 Cal.App.4th 86 , 96–97 [finding waiver for failure to set out all material facts and noting that appellant improperly “skewed” facts in his own favor].) DISPOSITION The judgment is affirmed.

47
In Re SBred
cal · 2004 · cited in 3 California opinions naming this issue, 2006–2006
2 sentences

2006Unless this is done the error is deemed to be waived.’ ” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 [ 92 Cal.Rptr. 162 , 479 P.2d 362 ]; see In re S.B. (2004) 32 Cal.4th 1287, 1293, fn. 2 [ 13 Cal.Rptr.3d 786 , 90 P.3d 746 ] [loss of right to challenge ruling on appeal properly termed forfeiture, not waiver].) Essentially, this rule rests on the premise that if the appellants fail to present us with all the relevant *750 evidence, then the appellants cannot carry their burden of showing the evidence was insufficient to support the agency’s decision because support for that decis

2006Unless this is done the error is deemed to be [forfeited].’ (Italics added.) [Citations.]” (Ibid.; see also In re S.B., supra, 32 Cal.4th at p. 1293, fn. 2.) Under heading 6 of her brief, appellant’s counsel claims there is insufficient evidence to support the juvenile court’s findings that resulted in removal of the minor from appellant’s custody.

33
Cooper v. Coopergreen
calctapp · 1959 · cited in 3 California opinions naming this issue, 1960–1986
2 sentences

1986Unless this is done the error is deemed to be waived.’” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 [ 92 Cal.Rptr. 162 , 479 P.2d 362 ], citing Davis v. Lucas (1960) 180 Cal.App.2d 407 [ 4 Cal.Rptr. 479 ]; Gold v. Maxwell (1959) 176 Cal.App.2d 213, 217 [ 1 Cal.Rptr. 226 ]; Cooper v. Cooper (1959) 168 Cal.App.2d 326, 331 [ 335 P.2d 983 ]; see also People v. Bestline Products, Inc. (1976) 61 Cal.App.3d 879 [ 132 Cal.Rptr. 767 ].) Unfortunately, Dr. Noguchi’s brief devotes only two pages (46-47) to the “substantial evidence” issue.

1986Unless this is done the error is deemed to be waived.’” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 [ 92 Cal.Rptr. 162 , 479 P.2d 362 ], citing Davis v. Lucas (1960) 180 Cal.App.2d 407 [ 4 Cal.Rptr. 479 ]; Gold v. Maxwell (1959) 176 Cal.App.2d 213, 217 [ 1 Cal.Rptr. 226 ]; Cooper v. Cooper (1959) 168 Cal.App.2d 326, 331 [ 335 P.2d 983 ]; see also People v. Bestline Products, Inc. (1976) 61 Cal.App.3d 879 [ 132 Cal.Rptr. 767 ].) Unfortunately, Dr. Noguchi’s brief devotes only two pages (46-47) to the “substantial evidence” issue.

33
State Water Resources Control Board Casesgreen
calctapp · 2006 · cited in 3 California opinions naming this issue, 2007–2015
2 sentences

2015Unless this is done the error is deemed to be waived.” ’ [Citations.]” (State Water Resources Control Bd. Cases (2006) 136 Cal.App.4th 674, 749 [ 39 Cal.Rptr.3d 189 ].) 11 c.

2015Unless this is done the error is deemed to be waived.” ’ [Citations.]” (State Water Resources Control Bd. Cases (2006) 136 Cal.App.4th 674, 749 [ 39 Cal.Rptr.3d 189 ].) 11 c.

23
Myers v. Trendwest Resorts, Inc.green
calctapp · 2009 · cited in 2 California opinions naming this issue, 2014–2026
2 sentences

2026Unless this is done the error is deemed to be waived.” ’ ” (Myers v. Trendwest Resorts, Inc. (2009) 178 Cal.App.4th 735, 749 (Myers).) We find waiver applies to all issues.

2014Unless this is done the error is deemed to be waived.’ (Italics added.) [Citations.]” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 ; accord, Myers v. Trendwest Resorts, Inc. (2009) 178 Cal.App.4th 735, 749 .) D.

22
Schmidlin v. City of Palo Altogreen
calctapp · 2008 · cited in 2 California opinions naming this issue, 2013–2024
2 sentences

2024(Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 739 (Schmidlin) [“failure to present a full and fair summary of the evidence supporting the judgment effects a ‘waive[r]’ of any challenge to the sufficiency of the evidence”].) “Contrary to fundamental tenets of appellate practice [citation] the facts stated and the inferences drawn in [appellants’ briefs] are those most favorable to [appellants] rather than to [SIL and Morongo].

2013We grant that motion. 11 Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 738 [“‘A party who challenges the sufficiency of the evidence to support a particular finding must summarize the evidence on that point, favorable and unfavorable, and show how and why it is insufficient.’ . . .

22
Holguin v. Dish Network LLCgreen
calctapp · 2014 · cited in 2 California opinions naming this issue, 2019–2021
2 sentences

2021(See Holguin v. Dish Network LLC (2014) 229 Cal.App.4th 1310, 1326-1327 [rejecting challenge to denial of JNOV motion, where appellants failed to “set forth all material evidence relating to their contentions” and did “not attempt to analyze the evidence presented at trial in light of the jury instructions actually given”].) It is plain, based upon a comparison of the statement of facts in Read’s opening brief with the detailed recitation of the evidence we have presented, ante, that Read has not met his obligation “to set forth in [his] brief all the material evidence on the point and not mer

2019Unless this is done the error is deemed to be waived." ' " (Pope v. Babick (2014) 229 Cal.App.4th 1238, 1246 ; see also Holguin v. Dish Network LLC (2014) 229 Cal.App.4th 1310 , 1326–1327.) There are good reasons for this forfeiture rule.

22
Kruckow v. Lessergreen
calctapp · 1952 · cited in 2 California opinions naming this issue, 1969–1971
2 sentences

1971Unless this is done the error is deemed to be waived.” (Italics added.) (Kruckow v. Lesser (1952) 111 Cal.App.2d 198, 200 [ 244 P.2d 19 ] and cases there collected; Sutro Heights Land Co. v. Merced Irr.

1971Unless this is done the error is deemed to be waived.” (Italics added.) (Kruckow v. Lesser (1952) 111 Cal.App.2d 198, 200 [ 244 P.2d 19 ] and cases there collected; Sutro Heights Land Co. v. Merced Irr.

22
Hickson v. Thielmangreen
calctapp · 1956 · cited in 2 California opinions naming this issue, 1968–1969
2 sentences

1969What is said in Hickson v. Thielman, 147 Cal.App.2d 11, 14, 15 [ 304 P.2d 122 ], is particularly appropriate: "The first contention of defendants is that the findings are unsupported by the evidence.

1969What is said in Hickson v. Thielman, 147 Cal.App.2d 11, 14, 15 [ 304 P.2d 122 ], is particularly appropriate: "The first contention of defendants is that the findings are unsupported by the evidence.

22
Pope v. Babickgreen
calctapp · 2014 · cited in 9 California opinions naming this issue, 2019–2025
2 sentences

2025(See Schneer, supra, 242 Cal.App.4th at pp. 1286–1287.) A party challenging a ruling for lack of substantial evidence must “‘set forth, discuss, and analyze all the evidence on that point, both favorable and unfavorable.’” (Pope v. Babick (2014) 229 Cal.App.4th 1238, 1246 .) “Unless this is done the error is deemed to be waived.” (Ibid.) Additionally, “[a]n appellant who fails to cite accurately to the record forfeits the issue or argument on appeal that is presented without the record reference.” (Alki Partners, LP v. DB Fund Services, LLC (2016) 4 Cal.App.5th 574, 589 .) By failing to cite e

2024Unless this is done the error is deemed to be waived.’ ” (Pope v. Babick (2014) 229 Cal.App.4th 1238, 1246 ; accord, Doe v. Roman Catholic Archbishop of Cashel & Emly (2009) 177 Cal.App.4th 209, 218 .) Here, Jackson fails to discuss the relevant material evidence, resulting in a forfeiture of his contention of insufficient evidence.

19
HUONG QUE, INC. v. Luugreen
calctapp · 2007 · cited in 3 California opinions naming this issue, 2014–2021
2 sentences

2021Unless this is done the error assigned is deemed to be waived.’ [Citations.]” (Id. at pp. 881-882, original italics.) “This burden is a ‘daunting’ one.” (Huong Que, Inc. v. Luu (2007) 150 Cal.App.4th 400, 409 .) These principles apply to an appellate challenge to a denial of a motion for judgment notwithstanding the verdict.

2014Unless this is done the error is deemed waived.” [Citations.]’” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 ; Brockey v. Moore (2003) 107 Cal.App.4th 86, 96-97 [same]; Huong Que, Inc. v. Luu, supra, 150 Cal.App.4th at pp. 409-410 [“An appellate court will consider the sufficiency of the evidence to support a given finding only after a party tenders such an issue together with a fair summary of the evidence bearing on the challenged finding, particularly including evidence that arguably supports it”].) Alvandi has clearly failed to meet his burden on appeal.

13
Sonic Manufacturing Technologies, Inc. v. AAE Systems, Inc.green
calctapp · 2011 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026“Ordinarily, when an appellant contends there is insufficient evidence to support a finding of fact, we apply the substantial evidence standard of review.” (Pruchnik v. JCCP4621 Common Benefit Committee (2025) 116 Cal.App.5th 35 , 47.) “But where ‘ “the trier of fact has expressly or implicitly concluded that the party with the burden of proof did not carry the burden and that party appeals, it is misleading to characterize the failure-of-proof issue as whether substantial evidence supports the judgment.” ’ ” (Id. at pp. 47-48; accord, Sonic Manufacturing Technologies, Inc. v. AAE Systems, Inc

11
Capitol City Foods, Inc. v. Superior Courtgreen
calctapp · 1992 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(Slone v. El Centro Regional Medical Center (2024) 106 Cal.App.5th 1160 , 1173 (Slone).) “Unless this is done the error is deemed to be waived.’ [Citations.]” (Ibid., quoting Foreman & Clark Corporation v. Fallon (1973) 3 Cal.3d 875, 881 (Foreman).) “When an appellant’s opening brief states only the favorable facts, ignoring evidence favorable to respondent, the appellate court may treat the substantial evidence issues as waived and presume the record contains evidence to sustain every finding of fact.” (Slone, supra, at pp. 1173–1174, citing Delta Stewardship Council Cases (2020) 48 Cal.App.5

11
Rayii v. Gatica CA2/3green
calctapp · 2013 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025Unless this is done the error is deemed waived.” ’ ” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 ; see also Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1408 [“An appellant . . . who cites and discusses only evidence in her favor fails to demonstrate any error and waives the contention that the evidence is insufficient to support the judgment.”]; Doe v. Roman Catholic Archbishop of Cashel & Emly (2009) 177 Cal.App.4th 209, 218 [party challenging sufficiency of the evidence forfeited the issue by failing to mention the trial court’s findings and omitting the facts that supported those findi

11
Hauselt v. County of Buttegreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2023–2023
11
Century Surety Co. v. Polissogreen
calctapp · 2006 · cited in 1 California opinions naming this issue, 2022–2022
11
City of Lincoln v. Barringergreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2021–2021
11
Tracy First v. City of Tracygreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2016–2016
11
Gombiner v. Swartzgreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2015–2015
11
Foust v. San Jose Construction Co.green
calctapp · 2011 · cited in 1 California opinions naming this issue, 2014–2014
11
Conderback, Inc. v. Standard Oil Co.green
calctapp · 1966 · cited in 1 California opinions naming this issue, 2013–2013
11
Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.green
calctapp · 2000 · cited in 1 California opinions naming this issue, 2010–2010
11
Yamaha Corp. of America v. State Board of Equalizationgreen
cal · 1998 · cited in 1 California opinions naming this issue, 2007–2007
11
People v. Bestline Products, Inc.green
calctapp · 1976 · cited in 1 California opinions naming this issue, 1986–1986
11
Gold v. Maxwellgreen
calctapp · 1959 · cited in 1 California opinions naming this issue, 1986–1986
11
Horn v. Atchison, Topeka & Santa Fe Railway Co.green
cal · 1964 · cited in 1 California opinions naming this issue, 1975–1975
11
Kanner v. Globe Bottling Co.green
calctapp · 1969 · cited in 1 California opinions naming this issue, 1971–1971
11
Haynes v. Gwynngreen
calctapp · 1967 · cited in 1 California opinions naming this issue, 1971–1971
11
Sutro Heights Land Co. v. Merced Irrigation Districtgreen
cal · 1931 · cited in 1 California opinions naming this issue, 1971–1971
11
Lipka v. Lipkagreen
cal · 1963 · cited in 1 California opinions naming this issue, 1968–1968
11
Keener v. Keenergreen
cal · 1941 · cited in 1 California opinions naming this issue, 1968–1968
11
Tesseyman v. Fishergreen
calctapp · 1952 · cited in 1 California opinions naming this issue, 1959–1959
11
Duncan v. Ramishgreen
cal · 1904 · cited in 1 California opinions naming this issue, 1952–1952
11
Wieczorek v. the Texas Co.green
calctapp · 1941 · cited in 1 California opinions naming this issue, 1952–1952
11
Cooper v. Weatherholtgreen
calctapp · 1938 · cited in 1 California opinions naming this issue, 1952–1952
11
People v. One 1938 Buick Sedangreen
calctapp · 1940 · cited in 1 California opinions naming this issue, 1952–1952
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (30)

CaseCitedYears
In Re SC green
calctapp · 2006
2 sentences

2016Unless this is done the error assigned is deemed waived.' "]; In re S.C. (2006) 138 Cal.App.4th 396 , 414-415 [same].) In any event, the substantial evidence in support of the juvenile court's finding of jurisdiction discussed at part II.A.3., ante, fully substantiates the requirement that Shane be supervised when he is with J.M.

2014Unless this is done the error is deemed to be [forfeited].” (Italics added.) [Citations.]’ [Citations.]” (In re S.C. (2006) 138 Cal.App.4th 396, 414-415 .) In any event, applying the substantial evidence test, we find no reason to disturb the court’s ruling.

32013–2016
In Re Marriage of Duncan green
calctapp · 2001
2 sentences

2022(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

2021(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

22021–2022
Davenport v. Davenport green
calctapp · 2011
2 sentences

2022(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

2021(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

22021–2022
Marriage of Schleich green
calctapp · 2017
2 sentences

2022(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

2022(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

22021–2022
Berman v. Berman (In re Berman) green
calctapp5d · 2017
2 sentences

2022If such substantial evidence be found, it is of no consequence that the trial court believing other evidence, or drawing other reasonable inferences, might have reached a contrary conclusion.’ ” (In re Marriage of Goodwin-Mitchell & Mitchell (2019) 40 Cal.App.5th 232 , 238–239.) “ ‘[I]t is well established that the trial court weighs the evidence and determines issues of credibility and these determinations and assessments are binding and conclusive on the appellate court.’ ” (In re Marriage of Berman (2017) 15 Cal.App.5th 914, 920 .) We recently reiterated that “ ‘ “as with any challenge to t

2021If such substantial evidence be found, it is of no consequence that the trial court believing other evidence, or drawing other reasonable inferences, might have reached a contrary conclusion.’ ” (In re Marriage of Goodwin-Mitchell & Mitchell (2019) 40 Cal.App.5th 232 , 238–239.) “ ‘[I]t is well established that the trial court weighs the evidence and determines issues of credibility and these determinations and assessments are binding and conclusive on the appellate court.’ ” (In re Marriage of Berman (2017) 15 Cal.App.5th 914, 920 .) We recently reiterated that “ ‘ “as with any challenge to t

22021–2022
In re Marriage of Gréaux & Mermin green
calctapp · 2014
2 sentences

2022(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

2021(E.g., In re Marriage of Fink (1979) 25 Cal.3d 877, 887 (Fink); In re Marriage of Davenport (2011) 194 Cal.App.4th 1507 , 1530−1532.) The family court “has broad discretion to determine the manner in which community property is divided and the responsibility to fix the value of assets and liabilities in order to accomplish an equal division. [Citations.] The trial court’s determination of the value of a particular asset is a factual one and as long as that determination is within the range of the evidence presented, we will uphold it on appeal.” (In re Marriage of Duncan (2001) 90 Cal.App.4th

22021–2022
Schneer v. Llaurado green
calctapp · 2015
1 sentence

2025(See Schneer, supra, 242 Cal.App.4th at pp. 1286–1287.) A party challenging a ruling for lack of substantial evidence must “‘set forth, discuss, and analyze all the evidence on that point, both favorable and unfavorable.’” (Pope v. Babick (2014) 229 Cal.App.4th 1238, 1246 .) “Unless this is done the error is deemed to be waived.” (Ibid.) Additionally, “[a]n appellant who fails to cite accurately to the record forfeits the issue or argument on appeal that is presented without the record reference.” (Alki Partners, LP v. DB Fund Services, LLC (2016) 4 Cal.App.5th 574, 589 .) By failing to cite e

12025–2025
Doe v. Capital Cities green
calctapp · 1996
1 sentence

2025(Slone v. El Centro Regional Medical Center (2024) 106 Cal.App.5th 1160 , 1173 (Slone).) “Unless this is done the error is deemed to be waived.’ [Citations.]” (Ibid., quoting Foreman & Clark Corporation v. Fallon (1973) 3 Cal.3d 875, 881 (Foreman).) “When an appellant’s opening brief states only the favorable facts, ignoring evidence favorable to respondent, the appellate court may treat the substantial evidence issues as waived and presume the record contains evidence to sustain every finding of fact.” (Slone, supra, at pp. 1173–1174, citing Delta Stewardship Council Cases (2020) 48 Cal.App.5

12025–2025
Schubert v. Reynolds green
calctapp · 2002
1 sentence

2025(Schubert v. Reynolds, supra, 95 Cal.App.4th at p. 108 ; In re Marriage of Khera & Sameer (2012) 206 Cal.App.4th 1467, 1478 .) 13 C.

12025–2025
Khera v. Sameer green
calctapp · 2012
1 sentence

2025(Schubert v. Reynolds, supra, 95 Cal.App.4th at p. 108 ; In re Marriage of Khera & Sameer (2012) 206 Cal.App.4th 1467, 1478 .) 13 C.

12025–2025
Alki Partners, LP v. DB Fund Services, LLC green
calctapp · 2016
1 sentence

2025(See Schneer, supra, 242 Cal.App.4th at pp. 1286–1287.) A party challenging a ruling for lack of substantial evidence must “‘set forth, discuss, and analyze all the evidence on that point, both favorable and unfavorable.’” (Pope v. Babick (2014) 229 Cal.App.4th 1238, 1246 .) “Unless this is done the error is deemed to be waived.” (Ibid.) Additionally, “[a]n appellant who fails to cite accurately to the record forfeits the issue or argument on appeal that is presented without the record reference.” (Alki Partners, LP v. DB Fund Services, LLC (2016) 4 Cal.App.5th 574, 589 .) By failing to cite e

12025–2025
Jameson v. Desta green
cal · 2018
1 sentence

2023Unless this is done the error is deemed to be waived.’ ” (Foreman & Clark Corp., supra, at p. 881 .) Finally, “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 . . . that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 .) “ ‘[A]n appellant must do more than assert error and leave it to the appellate court to search . . . the law books to test his claim.’ ” (Ribakoff v. City of Long Beach (2018) 27 Cal.

12023–2023
Ribakoff v. City of Long Beach green
calctapp5d · 2018
12023–2023
Allen v. City of Sacramento green
calctapp · 2015
12023–2023
Shenouda v. Veterinary Med. Bd. green
calctapp5d · 2018
12022–2022
City of Santa Maria v. Adam green
calctapp · 2012
12021–2021
Whiteley v. Philip Morris, Inc. green
calctapp · 2004
12019–2019
San Diego County Health & Human Services Agency v. Angela G. green
calctapp · 2012
12019–2019
Guthrey v. State of California green
calctapp · 1998
12014–2014
Badie v. Bank of America green
calctapp · 1998
12014–2014
People v. SANGHERA green
calctapp · 2006
12014–2014
Clark v. Superior Court green
calctapp · 2011
12014–2014
Albaugh v. Mt. Shasta Power Corp. green
cal · 1937
12013–2013
Miranda v. Arizona green
scotus · 1966
12013–2013
Davis v. Lucas green
calctapp · 1960
11986–1986
People v. Dougherty green
calctapp · 1982
11985–1985
Thomas Haverty Co. v. Jones green
cal · 1921
11952–1952
Glass v. City of Fresno green
calctapp · 1936
11952–1952
Cook v. Rice neutral
cal · 1891
11952–1952
Churchill v. Rose neutral
cal · 1902
11952–1952

Statutes the citing opinions construe

CA § Cal. Evidence Code § 452 (6) CA § Cal. Civil Code § 1717 (4) CA § Cal. Evidence Code § 353 (4)

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.

Where else courts name it

CA 106 (1952–2026) AL 3 (1914–1983) IN 3 (1885–2006) OK 3 (1916–1951) MO 2 (1970–1992) NY 2 (2017–2017) NE 2 (1929–1962) GA 2 (1946–1959) WV 2 (1883–1903) IA 2 (1963–1976)

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.

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