Does a husband's failure to provide the material evidence supporting the judgment waives a claim of insufficiency of evidence?
California, United States of America
The following excerpt is from Nava-Diaz v. Diaz (In re Nava-Diaz), G047668 (Cal. App. 2014):
Corp. v. Fallon (1971) 3 Cal.3d 875, 881; see also Brockey v. Moore (2003) 107 Cal.App.4th 86, 96-97 ["[f]ailure to set forth the material evidence on an issue waives a claim of insufficiency of the evidence"].) Wife did not include in her brief much of the material evidence supporting the judgment. Thus we could consider the issue forfeited.
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