Does Hudson have to file a personal injury brief in the Court of Appeal?

California, United States of America


The following excerpt is from Cueva v. Hudson, B300658 (Cal. App. 2020):

That Hudson is representing herself on appeal does not exempt her from the requirements of appellate practice. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.) A party who represents himself or herself " 'is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys.' " (Id. at p. 1247.)

The absence of a brief from the respondent on appeal does not change these rules. (See Cal. Rules of Court, rule 8.220(a)(2); Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1203 ["we do not treat the failure to file a respondent's brief as a 'default' (i.e., an admission of error) but independently examine the record and reverse only if prejudicial error is found"].)

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