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Fashogbon v. Guardsmark, LLC

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Jun 5, 2012
No. A134011 (Cal. Ct. App. Jun. 5, 2012)

Opinion

A134011

06-05-2012

GABRIEL A. FASHOGBON, Plaintiff and Appellant, v. GUARDSMARK, LLC, Defendant and Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Marin County

Super. Ct. No. CV093487)


I.

Gabriel A. Fashogbon (appellant) appeals from a judgment of dismissal entered pursuant to Code of Civil Procedure section 664.6, following the settlement of a dispute between appellant and his former employer, respondent Guardsmark, LLC. Appellant's briefs present an unintelligible compilation of disjointed historical facts, accusations, and claims which fail to comply with many fundamental rules of appellate procedure.

Those deficiencies include the failure to: (1) include a table of authorities "separately listing cases, constitutions, statutes, court rules, and other authorities cited" (Cal. Rules of Court, rule 8.204(a)(1)(A)); (2) present legal analysis and relevant supporting authority for each point asserted, with appropriate citations to the record on appeal (Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856); and (3) state the nature of the action, the relief sought in the trial court, the judgment or order appealed from, and summarize the significant facts, but limited to matters in the record (Cal. Rules of Court, rule 8.204(a)(2)(A), (C)).

These are not mere technical requirements, but important rules of appellate procedure designed to alleviate the burden on the court by requiring litigants to present their cause systematically, so that the court "may be advised, as they read, of the exact question under consideration, instead of being compelled to extricate it from the mass." (Landa v. Steinberg (1932) 126 Cal.App. 324, 325.)

Perhaps most importantly, the incomprehensible nature of appellant's brief makes it impossible for this court to discern what precise errors he is claiming were made by the trial judge, and how such errors were prejudicial. We are not required to search the record on our own seeking error. (Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 768.)

We note that appellant appears before us in propria persona. While this may explain the deficiencies in his briefs, it in no way excuses them. (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267 [" ' "[T]he in propria persona litigant is held to the same restrictive rules of procedure as an attorney" ' "].) Appellant's self-represented status does not exempt him from the rules of appellate procedure or relieve him of his burden on appeal. Those representing themselves are afforded no additional leniency or immunity from the rules of appellate procedure simply because of their propria persona status. (See Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984; see also Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.)

II.


DISPOSITION

The judgment is affirmed. In the interest of justice, the parties are to bear their own costs of appeal.

__________________

RUVOLO, P. J.
We concur:

__________________

REARDON, J.

__________________

RIVERA, J.


Summaries of

Fashogbon v. Guardsmark, LLC

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Jun 5, 2012
No. A134011 (Cal. Ct. App. Jun. 5, 2012)
Case details for

Fashogbon v. Guardsmark, LLC

Case Details

Full title:GABRIEL A. FASHOGBON, Plaintiff and Appellant, v. GUARDSMARK, LLC…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

Date published: Jun 5, 2012

Citations

No. A134011 (Cal. Ct. App. Jun. 5, 2012)