Does a plaintiff waive any claim of error regarding the dismissal of their claims against defendants on appeal?

California, United States of America

The following excerpt is from Gehron v. Nicholas, E061855 (Cal. App. 2016):

^1. By failing to address the trial court's dismissal of their claims against defendants for unfair business practices, fraudulent concealment, breach of the covenant of good faith and fair dealing, and money had and received, plaintiffs waived any claim of error regarding those claims on appeal. (Dieckmeyer v. Redevelopment Agency of Huntington Beach (2005) 127 Cal.App.4th 248, 260 ["An appellant's failure to raise an argument in its opening brief waives the issue on appeal"].)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

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)

Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)

Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)

Is a defendant's failure to object at sentencing to a probation condition waives the claim of error on appeal? (California, United States of America)

Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error? (California, United States of America)

Does a defendant's failure to object at sentencing to noncompliance with the probation supervision fees of section 1203.1b waives any claim of error on appeal? (California, United States of America)

Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)

Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)

Is a defendant's failure to object and make an offer of proof at the sentencing hearing concerning alleged errors or omissions in the probation report waives the claim on appeal? (California, United States of America)

Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)

Does a plaintiff waive any claim of error regarding the dismissal of their claims against defendants on appeal?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources