Avila

After the filing of appellant’s opening brief on March 28,1967, the respondents obtained, through six successive solicited orders, an extension of time to file respondents’ brief until October 6, 1967. No brief having been prepared by respondents within that extended period, notice was given by the clerk, pursuant to rule 17 (b) of the California Rules of Court, that the case would be submitted for decision on the record, including appellant’s opening brief, unless respondents’ brief should be forthcoming within 30 days, or good cause for relief otherwise shown. Respondents’ brief not having been filed within that period and no showing of excuse being made, the cause was ordered submitted for decision on the record, including appellant’s opening brief, after appellant waived argument. While rule 17 (b) states that in such circumstances “. . . the court may accept as true the statement of facts in the appellant’s opening brief . . it is not incumbent on the tribunal to accept as binding any factual conclusion or inference sought to be imposed by the appellant. Failure of counsel to comply with the court rules may, and usually does, result in added work for the appellate justice to…