How do courts treat arguments that may be buried in the opening brief's statement of facts?

California, United States of America


The following excerpt is from Schott v. McMillan, 2d Civ. No. B295693 (Cal. App. 2020):

Accordingly, we do not address arguments that may be buried in the opening brief's statement of the case or statement of facts. A brief must "[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority." (Cal. Rules of Court, rule 8.204(a)(1)(B).) This rule "'lighten[s]the labors of the appellate [courts] by requiring . . . litigants to present their cause systematically and so arranged that those upon whom the duty devolves of ascertaining the rule of law to apply may be advised, as they read, of the exact question under consideration, instead of being compelled to extricate it from the mass.' [Citation.]" (Opdyk v. California Horse Racing Bd. (1995) 34 Cal.App.4th 1826, 1830, fn. 4.)

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