DocketNumber: C081760
Citation Numbers: 220 Cal. Rptr. 3d 751, 13 Cal. App. 5th 947, 2017 WL 3193760, 2017 Cal. App. LEXIS 654
Judges: Duarte
Filed Date: 6/28/2017
Status: Precedential
Modified Date: 10/19/2024
*948Plaintiff Richard Ewald, through counsel, timely appealed from a judgment following a successful defense motion for summary judgment.
Ewald's counsel fails to articulate the standard of review on appeal, in and of itself a potentially fatal omission. " 'Arguments should be tailored according to the applicable standard of appellate review.' [Citation.] Failure to acknowledge the proper scope of review is a concession of a lack of merit." ( *752Sonic Manufacturing Technologies, Inc. v. AAE Systems, Inc . (2011)
In the argument section of her brief, Ewald's counsel describes two causes of action, misrepresentation and breach of contract, and argues triable issues remain as to each. However, she does not describe the elements of either cause of action. Without a statement of the elements of a cause of action, supported by authority, counsel cannot establish whether triable issues of fact exist as to either cause of action.
In short, as respondent properly argues, the opening brief does not satisfy counsel's duty to provide adequate legal authority to support this appeal. Ewald's counsel did not file a reply brief, nor anywhere offer an explanation for failing to comply with her duty to properly brief this case. In light of counsel's egregious violations of basic appellate norms, we affirm the judgment without discussing the merits.
DISPOSITION
The judgment is affirmed. Appellant shall pay respondent's costs of this appeal. (See Cal. Rules of Court, rule 8.278(a).)
We concur:
Robie, Acting P. J.
Butz, J.