What are the grounds of appeal against a special verdict in a personal injury case?

California, United States of America


The following excerpt is from Steven C. Kim & Assocs. v. Kim, B236670 (Cal. App. 2013):

1. Appellant makes several arguments as to various actions of respondents which, appellant insists, constituted a breach of respondents' fiduciary duties to him. Because the trial court's ruling was restricted to its decision that appellant had failed to prove that any of respondents' actions caused damage to appellant, we will restrict our analysis to the issue of damages. (Lawless v. Calaway (1944) 24 Cal.2d 81, 92 ["on appeal from an order granting a nonsuit, the court will ordinarily consider only the grounds specified in the motion at the trial"].)

2. Respondents argue that this appeal does not challenge the portion of the judgment rendered by the jury in the special verdict, because appellant's notice designating record on appeal states only that the appeal concerns the "directed verdict against cross-complaint." However, as respondents fail to cite any legal authority supporting this argument, we decline to consider it. (People v. Stanley (1995) 10 Cal.4th 764, 793 ["'[E]very brief should contain a legal argument with citation of authorities on the points made. If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration'"].)

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