Tye

I. BACKGROUND

As in a previous appeal (Tye v. Papp (Oct. 10, 2024, E080245)), Tye’s opening

brief here violates California Rules of Court, rule 8.204(a)(2)(C) by containing no 2 statement of facts. Tye submitted his opening brief in this appeal before receiving a

tentative opinion noting the deficiency of his opening brief in the previous appeal.

Accordingly, we will again exercise our discretion to disregard the noncompliance here

and caution Tye that future deficiencies may result in briefs being stricken. (Rule

8.204(e).) On our own motion, we take judicial notice of the appellate record in the

previous appeals between these parties before this panel: Tye v. Papp, E075153 (July 26,

2021) [nonpub. opn.] (Tye I); Tye v. Papp, E076523 (May 9, 2022) [nonpub. opn.] (Tye 3 II); and Tye v. Papp, E080245 (Oct. 10, 2024) (Tye III). Respondents have not filed a

brief.

In 2017, Tye sued defendant and respondent, Justin Tye, along with five other

defendants, on a theory that he was defrauded in a real estate investment scheme.

Defendant and respondent Eric Papp, an attorney, represented Justin Tye in that case,

1 Undesignated statutory references are to the Code of Civil…