Can a brief that does not comply with rule 8.204(a)(1)(C) be struck and returned for correction?

California, United States of America


The following excerpt is from Kempis v. NCB, H040911 (Cal. App. 2015):

A brief that does not comply with rule 8.204(a)(1)(C) may be struck and returned for correction. (Cal. Rules of Court, rule 8.204(e).) Alternatively, "[b]ecause '[t]here is no duty on this court to search the record for evidence' [citation], [we] may disregard any factual contention not supported by a proper citation to the record." (Grant-Burton v. Covenant Care, Inc. (2002) 99 Cal.App.4th 1361, 1379.) We elect the second option and will therefore disregard plaintiff's entire statement of facts and statement of the case.

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