Rogers v. Wells Fargo Bank CA1/1

BACKGROUND AND PROCEDURAL HISTORY

I. Violations of Rules of Court

We first address the many flaws in plaintiff’s briefing of her appeal. The Rules of Court require litigants 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.” (Cal. Rules of Court, rule 8.204(a)(1)(C), italics added.)1 Thus, stating facts without providing any record cite, or citing to only a document rather than to a page, violates this rule. (See,

1 All further rule citations are to the California Rules of Court. e.g., Evans v. Centerstone Development Co. (2005) 134 Cal.App.4th 151, 166 [“plaintiffs repeatedly cite to 170 pages of their motion to vacate without directing us to specific pages”]; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 990 [“Sections of the statement of facts in the appellant’s opening brief include no record citations at all.”].) When a litigant repeatedly provides no page citations to the record, the rule violation is “egregious[],” significantly burdening the opposing party and the court. (Evans v. Centerstone Development Co., at pp. 166–167.) In this appeal, plaintiff submitted an…