Does a plaintiff have to abandon contentions of error regarding the dismissal of a cause of action by failing to raise or address the contentions in their appeal?

California, United States of America


The following excerpt is from Ouyang v. Achem Indus. Am., Inc., B290915 (Cal. App. 2020):

abandon contentions of error regarding the dismissal of a cause of action by failing to raise or address the contentions in their briefs on appeal"].) We therefore need not address her argument that the court erred in finding this cause of action time-barred. (See, e.g., Excelsior College v. Board of Registered Nursing (2006) 136 Cal.App.4th 1218, 1237, fn. 3 ["Since we uphold the trial court's ruling on the first basis for demurrer, we need not address this second argument"].)

Other Questions


Can a notice of appeal of a judgment of dismissal following an earlier order regarding a different defendant be construed as a "notice of appeal" regarding "a different defendant"? (California, United States of America)
Does the error in dismissing the paternity cause of action permeate the determination against plaintiff on the change of surname issue? (California, United States of America)
Is Page 5 of the Superior Court of Appeal bound by error and error in denying a certificate of probable cause to appeal? (California, United States of America)
If a final judgment has not been found, can an appeal be appealed from a judgment that fails to complete all causes of action between the parties? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
Does plaintiff waive any claim of error with respect to the dismissal of her second and third causes of action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
When a cause of action on appeal from a trial court's order sustaining demurrer is not discussed in the brief, is it abandonment of that cause? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.