Saturday, November 22, 2014

When it Comes to the Record, Designate or Forfeit

Aspen Grove Condo. Ass’n v. CNL Income Northstar LLC, No. C073530 (D3 Nov. 3, 2014)

This is a lawsuit involving damage to neighboring land due to the failure of a retention basin.  Most of the opinion deals with substantive issues involving injunctive relief, but there is one interesting point of procedure. The appellant was found to have forfeited its appeal on evidentiary issues. It designated only a partial reporters transcript and then failed to include the evidentiary issue in its identification of issues to be raised on appeal in its notice of designation of record, as is required under Rule of Court 8.130(a)(2) when the whole reporters’ transcript isn’t designated. Particularly because parts of the transcript that weren’t prepared involved some of the evidentiary issues, the court finds that the appellant failed to preserve the evidentiary issues.


No comments:

Post a Comment