D-Rock Technology v. Sweeney CA1/1

BACKGROUND

We set forth the facts to the limited extent necessary to address the issues raised on appeal.2 In early 2013, George Gonzalez, the CEO, CFO, and CTO of D-Rock, entered into a written contractor agreement with Sweeney, the managing director of Sweeney’s company, Axxis. Sweeney was to serve as D-Rock’s

2 Sweeney has included in his opening brief five pages of “facts” that are unsupported by any citation to the record, in violation of California Rules of Court, rule 8.204(a)(1)(C). Seeking to avoid the stricture of this rule of court, Sweeney asserts this section of his brief sets forth “events of this case . . . which were excluded from the trial,” so he intentionally provided no citations “to avoid any possible implication that Sweeney was presenting facts from the trial record.” This explanation gets him nowhere. “When practicing appellate law, there are at least three immutable rules: first, take great care to prepare a complete record; second, if it is not in the record, it did not happen; and third, when in doubt, refer back to rules one and two.” (Protect Our Water v. County of Merced (2003) 110 Cal.App.4th 362, 364.) Moreover, it is not our task to go hunting…