What is the test for making a cognizable argument on appeal?

California, United States of America


The following excerpt is from Hiramanek v. Hiramanek (In re Hiramanek), C082930 (Cal. App. 2019):

In addition, to properly raise a cognizable argument on appeal, the appellant must cite to authority, whether statutory or precedential, that supports the argument. (People v. Gidney (1937) 10 Cal.2d 138, 142-143.) It is not enough to merely disagree with the trial court; the appellant must establish that the trial court's order was erroneous under applicable laws. Failure to cite any laws at all with respect to an aspect of the trial court order is therefore a forfeiture of the argument that the order must be reversed. Mother identifies purported errors in her opening brief, but she gives little legal authority for her assertions. When she cites legal authority, she does not relate it to the facts of this case as

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decided by the trial court. Again, this practice forfeits consideration of the issues on appeal. (Ibid.)

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