What is the test for making a claim of error in a medical malpractice case?

California, United States of America


The following excerpt is from Smith v. Spight Prop. Ii, LLC, A111543 (Cal. App. 2014):

"To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.]" (In re S.C. (2006) 138 Cal.App.4th 396, 408.) "[C]onclusory claims of error will fail." (Ibid.) We are entitled to disregard factual assertions and legal arguments for which proper support is not provided. (Grant-Burton v. Covenant Care,

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Inc. (2002) 99 Cal.App.4th 1361, 1379 [regarding unsupported factual assertions]; People v. Stanley (1995) 10 Cal.4th 764, 793 [regarding unsupported legal arguments].)

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