Does the waiver rule apply to a claim of evidentiary error?

California, United States of America


The following excerpt is from Turner v. Turner (In re Conservatorship of Pers.), B292792 (Cal. App. 2020):

" 'The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment.' [Citations.] It is the duty of [the appellant] to refer the reviewing court to the portion of the record which supports appellant's contentions on appeal. [Citation.] If no citation 'is furnished on a particular point, the court may treat it as waived.' [Citation.] We find this is an appropriate case in which to apply the waiver rule." (Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115.) Without direction from Appellant regarding what exhibits or probate court rulings his contention of evidentiary error relates to, we are unable to review the contention and find it waived.

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