Lack of Authority to Support Reversal Argument Waived the Challenge.
The next case, Sparks Property Investments, LLC v. Mission Career College, LLC, Case No. E051124 (4th Dist., Div. 2 Mar. 23, 2012) (unpublished), actually demonstrates a fundamental tenet of appellate practice that must be observed in order to even get a challenge to be considered on the merits. There, plaintiff landlord won its case and defensed defendant tenants’ cross-claims for contractual breach/fraud arising out of a failure to obtain occupancy certificates under a lease. The lower court awarded landlord contractual fees of $79,723 as the prevailing party. This determination was sustained on appeal and the merits never reached. Basis? Tenant provided no authority in support of its argument that the fee award should be reversed. Thus, the argument was forfeited on appeal, with the merits never considered. Gotta support your arguments, actually at both trial and appellate levels, to prevent courts from using their discretion to deem the arguments waived as far as merits scrutiny.