How have courts rejected arguments that have not been developed sufficiently to be cognizable?

California, United States of America


The following excerpt is from Fed. Home Loan Mortg. Corp. v. Selvey, C080922 (Cal. App. 2017):

5. This section also appears to contain several undeveloped, lurking arguments. We reject them on that basis. (See People v. Freeman (1994) 8 Cal.4th 450, 482, fn. 2 ["We discuss those arguments that are sufficiently developed to be cognizable. To the extent defendant perfunctorily asserts other claims, without development and, indeed, without a clear indication that they are intended to be discrete contentions, they are not properly made, and are rejected on that basis"].)

Other Questions


In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the test for making an argument that a defendant has forfeited the argument in the trial court? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
How have the courts treated the argument in the context of an argument in a civil case? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.