Tuesday, August 8, 2023

Slamming poor appellate briefing!

 

Check out this intro paragraph from this unpub'd 4/3 decision today:

This case demonstrates the importance of adequate briefing. As we have said in the past, “appellate practice entails rigorous original work in its own right. . . . [T]he appellate brief offers counsel probably their best opportunity to craft work of original, professional, and, on occasion, literary value.” (In re Marriage of Shaban (2001) 88 Cal.App.4th 398, 410.) Appellant’s brief cannot be said to be even minimally compliant with the California Rules of Court, let alone a “work of literary value.” There is little for us to consider, because despite 43 pages of briefing, appellant says very little that is coherent. If there are arguable issues in this brief, they are obscured by cant, vitriol and borderline contempt. We were unable to discuss this with counsel because he did not appear for oral argument. We have no choice but to affirm the trial court’s judgment.