Does appellant's failure to brief on vexatious litigant order constitute a waiver or abandonment of the issue on appeal?

California, United States of America


The following excerpt is from Jackson v. Browning, A155277 (Cal. App. 2019):

Neither appellant's opening brief nor his reply brief address the trial court's vexatious litigant order. We therefore find appellant has abandoned his appeal of this order. (Behr v. Redmond (2011) 193 Cal.App.4th 517, 538 [appellant's "failure to brief the . . . issue constitutes a waiver or abandonment of the issue on appeal"].)

The orders are affirmed. Respondent is awarded his costs on appeal.

Page 7

/s/_________
SIMONS, Acting P.J.

We concur.

/s/_________
NEEDHAM, J.

/s/_________
BURNS, J.

Footnotes:

1. All undesignated section references are to the Code of Civil Procedure.

2. Before oral argument, we received notice that respondent had died and his legal representatives and heirs intended to open an estate. "[W]e have not received any request to abate the action, or to effect a substitution, in light of [respondent's] death. Under these circumstances, we have retained the original title of the case." (Konig v. Fair Employment and Housing Com. (2002) 28 Cal.4th 743, 746, fn. 3.)

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