Schwartz

Filed 3/20/24 Schwartz v. Noya CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

SCOTT SCHWARTZ, 2d Civil No. B329331 (Super. Ct. No. 56-2019- Plaintiff and Appellant, 00535641-CU-PO-VTA) (Ventura County) v.

DAVID NOYA,

Defendant and Respondent.

We have the inherent power to dismiss an appeal where it is “based upon wholly sham or frivolous grounds.” (Ferguson v. Keays (1971) 4 Cal.3d 649, 658.) This is a fair description of this purported appeal. In our discretion, we elect not to dismiss the appeal. The rules on appeal are well known to counsel.1 We recently restated these rules.

1 Respondent does not move for dismissal of the appeal. He says that appellant’s contentions are waived by failure to comply with the…