What are the consequences of a husband's failure to provide a summary of the significant facts in a brief?

California, United States of America


The following excerpt is from In Re Marriage Of Mahmunir Shah And Aslam Shaw., G042102, No. 02D002833 (Cal. App. 2010):

An appellant must set out a "summary of the significant facts" (Cal. Rules of Court, rule 8.204(a)(2)(C)), each supported by a reference "to the volume and page number of the record where the matter appears" (Cal. Rules of Court, rule 8.204(a)(1)(C)). Husband violated these rules. He set out only facts favorable to his position and failed to provide any reference to the record for the vast majority of his factual claims. These violations alone are enough to affirm the judgment. We may not "consider... alleged facts which are wholly outside the record on appeal." (People v. Jarrett (1970) 6 Cal.App.3d 737, 739.) Further, the five-volume appellant's appendix lacks indices, and the documents are not in chronological order, also in violation of court rules. (Cal. Rules of Court, rules 8.124(d)(1), 8.144(a)(1)(C), (b)(1).) This compounds the failure to include record references in the briefs, making it very difficult for us to locate documents on our own. In any event, we are not required to scour the record to

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find support for husband's arguments. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246.) Where, as here, "a party fails to support an argument with the necessary citations to the record,... the argument [is] deemed to have been waived. [Citation.]' [Citations.]" (Ibid.)

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