Can a failure to articulate any pertinent or intelligible legal argument in an opening brief in a civil action constitute an abandonment of the appeal justifying dismissal?

California, United States of America


The following excerpt is from Keim v. Wren, C085578 (Cal. App. 2019):

278.) "[F]ailure of an appellant in a civil action to articulate any pertinent or intelligible legal argument in an opening brief may, in the discretion of the court, be deemed an abandonment of the appeal justifying dismissal." (Berger v. Godden (1985) 163 Cal.App.3d 1113, 1119.)

Other Questions


What is the effect of a failure to articulate any pertinent or intelligible legal argument in an opening brief? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does appellant's failure to brief on vexatious litigant order constitute a waiver or abandonment of the issue on appeal? (California, United States of America)
Does the form of relief sought in a civil action constitute a legal or equitable action? (California, United States of America)
Does a failure to strike an enhancement for the first time on appeal constitute a legally unauthorized sentence subject to correction on appeal? (California, United States of America)
Does a failure to raise any argument in her opening brief waives the issue on appeal to the juvenile court's dispositional findings and orders? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)
Does Holt's failure to object on appeal constitute a waiver of the claim on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.