Waiver Results in Second District, Division Three’s Affirmance of Orders Awarding $11,645 and $25,278.50 in Attorney Fees.
After the trial court granted an order to strike an action for malicious prosecution, brought by Van Wormer Resorts, Inc. (VWR), WVR appealed the order, as well as the granting of attorney’s fees in favor of defendants/respondents McNicholas and Van Laningham in the respective sums of $11,645 and $25,278.50. The Court of Appeal found that VWR failed to present evidence showing absence of probable cause or the existence of malice. Van Wormer Resorts, Inc. v. Van Laningham, et al., Case No. B213476 (2nd Dist., Div. 3 July 21, 2010) (unpublished).
And VWR’s objection to the attorney’s fees? Waived. “An appellate brief ‘should contain a legal argument with citation of authorities on the points made. If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration.’” In re Marriage of Schroeder, 192 Cal.App.3d 1154, 1164 (1987).
The 3-0 opinion was authored by Justice Croskey, with Justices Klein and Aldrich concurring.