California, United States of America
The following excerpt is from Rafferty v. State, A113106 (Cal. App. 6/26/2007), A113106 (Cal. App. 2007):
In the first place, in its order granting summary judgment the trial court ruled appellant failed to state a claim for negligent maintenance because the complaint "alleged no ultimate facts to support this theory," and the same can be said for the remainder of appellant's supposed "multiple possible concurring proximate causes." Appellant did not seek reconsideration of this ruling in the trial court, nor does he challenge it on appeal. Accordingly, the issue is waived and the trial court's ruling stands. (Mansell v. Board of Administration (1994) 30 Cal.App.4th 539, 545-546 [if no legal argument with citation of authorities is furnished on a particular point then appellate court may treat it as waived and pass it without consideration].) Thus, appellant cannot expect respondent to disprove claims which appellant has failed to sufficiently allege.
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