• In Search Of
  • July 26, 2011 | Author: Gary A. Watt
  • Law Firm: Archer Norris A Professional Law Corporation - Walnut Creek Office
  • Here's a reminder about the appellate lawyer's obligation to tie legal arguments to the record.  In addition, every now and then you run across what appears to be a little judicial jab in an appellate opinion:

    "Under the circumstances, [Plaintiff] has not met his burden of showing abuse of discretion.  Each appellate brief must 'support any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears.'  (Citation)  '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.  It is entitled to the assistance of counsel.'  (Citation)  'It is the duty of counsel to refer the reviewing court to the portion of the record which supports appellant's contentions on appeal.  If no citation is furnished on a particular point, the court may treat it as waived.'  (Citation)  Further, [Plaintiff] has already filed three complaints without being able to state a single cause of action."  (Durrell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1371-1372.)

    Okay, so maybe more than just a little jab.