Opinion
E051145
09-09-2011
JAMES R. MCLEAN, Plaintiff and Appellant, v. JIM LINDLEY, etc., Defendant and Respondent.
Law Offices of T. Matthew Phillips and T. Matthew Phillips for Plaintiff and Appellant. Jean-Rene Basle, County Counsel, and Kristina M. Robb, Deputy County Counsel, for 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. CIVD5917714)
OPINION
APPEAL from the Superior Court of San Bernardino County. W. Robert Fawke, Judge. Affirmed.
Law Offices of T. Matthew Phillips and T. Matthew Phillips for Plaintiff and Appellant.
Jean-Rene Basle, County Counsel, and Kristina M. Robb, Deputy County Counsel, for Defendant and Respondent.
I. INTRODUCTION
Plaintiff James R. McLean appeals from the denial of his petition for writ of mandate filed against defendant Jim Lindley in his capacity as Director of Public Health for San Bernardino County. Because McLean failed to support his points with citations to the record, we deem his arguments waived. We therefore affirm.
II. DISCUSSION
In his opening brief, McLean failed to set forth any "summary of the significant facts limited to matters in the record" (Cal. Rules of Court, rule 8.204(a)(2)(C)) and failed to "[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears." (Cal. Rules of Court, rule 8.204(a)(1)(C).) The only record citations McLean provided were to portions of the trial court's statement of decision and to the answer to the petition. Even then, he failed to cite the appropriate pages of the clerk's transcript. Throughout his brief, however, he made factual assertions without informing us where in the record support for such assertions may be found. Such a brief should have been rejected for filing based on nonconformance with the rules of court. (Cal. Rules of Court, rule 8.18.)
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 {Fourth Dist., Div. 2].) "If a party fails to . . . support an argument with the necessary citations to the record, we may deem the argument waived. [Citations.]" (Utility Consumers' Action Network v. Public Utilities Com. (2010) 187 Cal.App.4th 688, 697.) We conclude McLean has waived his claims by failing to file a brief that complies with the rules of court.
III. DISPOSITION
The order appealed from is affirmed. Costs are awarded to defendant and respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
RICHLI
J.
MILLER
J.