Sansen

Sansen v. Aerojet Rocketdyne CA3

Good Law
Court of Appeal of CaliforniaNovember 29, 2021C091073MCalifornia7,255 words

Opinion

Opinion

Hoch, J.

facts without identifying any particular fact as supporting the assertion of invited error. This portion of the opening brief, however, does not support the argument. “The factual portion of appellants’ opening brief does contain citations to evidence. However, such citations do not cure the failure to cite evidence in the argument section of the brief, and we will not pick and choose the portions of the brief in the statement of facts that we may think are applicable to each assertion in the argument. [California Rules of Court,] [r]ule 8.204(a)(1)(C) is intended to enable the reviewing court to locate relevant portions of the record ‘without thumbing through and rereading earlier portions of a brief.’ (City of Lincoln [v. Barringer] [(2002)] 102 Cal.App.4th [1211,] 1239, fn. 16.) To provide record citations for alleged facts at some points in a brief, but not at others, frustrates the purpose of that rule, and courts will decline to consider any factual assertion unsupported by record citation at the point where it is asserted. (Ibid.)” (Alki Partners, LP v. DB Fund Services, LLC (2016) 4 Cal.App.5th 574, 590, fn. 8, italics added.) Moreover, Aerojet’s argument on invited error…

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