1

Filed 6/28/17 Certified for Publication 7/27/17 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Nevada)

----

RICHARD EWALD,

Plaintiff and Appellant,

v.

NATIONSTAR MORTGAGE, LLC,

Defendant and Respondent. C081760

(Super. Ct. No. CU15

- 081043)

Plaintiff Richard Ewald, through counsel, timely appealed from a judgment

following a successful defense motion for summary judgment.

Ewald‟s counsel fails to articulate the standard of review on appeal, in and of itself

a potentially fatal omission. “ „ Arguments should be tailored according to the applicable

standard of appellate review. ‟ [Citation.] Failure to acknowledge the proper scope of

review is a concession of a lack of merit. ” ( Sonic Manufacturing Technologies, Inc. v.

AAE Systems, Inc . (2011) 196 Cal.App.4th 45 6, 465.) More importantly , Ewald‟s

counsel fails to provide any legal authority to support her a rguments. We repeatedly2

have held that the failure to provide legal authorities to support arguments forfeits

contentions of error. (See In re S.C. (200 6 ) 138 Cal.App.4th 396, 408 ; Akins v. State of

California (1998) 61 Cal.App.4th 1, 50; In re Marriage of Nichols (1994) 27 Cal.App.4th

661, 672

- 673, fn. 3 .)

As respondent‟s counsel observes, Ewald‟s counsel does provide an accurate

statutory citation in support of the proposition that the judgment is appealable (Code Civ.

Proc., § 904.1, subd. (a)(1)) , and in her s t atement of the c ase she cites a single case

referenced by the trial court in its tentative ruling ( Nungaray v. Litton Loan Servicing, LP

(2011) 200 Cal.App.4th 1499 )

. Putting aside the fact that Ewald‟s counsel both fails to

cite that case properly and fa ils to provide an accurate citation to where the document

citing that case can be found in the record on appeal, the trial court did not even cite to

that case in the final ruling. Further, Ewald‟s counsel does not explain the holding of that

case, nor do es counsel explain why that case has any relevance to her claims on appeal, to

the extent we can decipher them

.

In the argument section of her brief, Ewald‟s counsel describes two causes of

action, misrepresentation and breach of contract, and argues tria ble issues remain as to

each. However, she does not describe the elements of either cause of action. Without a

statement of the elements of a cause of action, supported by authority, counsel cannot

establish whether triable issues of fact exist as to eit her cause of action.

In short, as respondent properly argues, the opening brief does not satisfy

counsel‟s duty to provide adequate legal authority to support this appeal. Ewald‟s

counsel did not file a reply brief, nor anywhere offer an explanation for failing to comply

with her duty to properly brief this case. In light of counsel‟s egregious violations of

basic appellate norms, we affirm the judgment without discussing the merits.

DISPOSITION

The judgment is affirmed. Appellant shall pay respondent‟ s costs of this appeal.

(See Cal. Rules of Court, rule 8.278(a).)3 /s/

Duarte, J.

We concur:

/s/

Robie, Acting P. J.

/s/

Butz, J.1

Filed 7/27/17

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Nevada)

----

RICHARD EWALD,

Plaintiff and Appellant,

v.

NATIONSTAR MORTGAGE, LLC,

Defendant and Respondent. C081760

(Super. Ct. No. CU15

- 081043)

ORDER CERTIFYING

OPINION FOR

PUBLICATION2

The opinion in the above

- entitled matter filed on June 28 , 201 7 , was not certified

for publication in the Official Reports. For good cause it now appears the opinion should

be pub lished in the Official Reports, and it is so ordered.

FOR THE COURT:

/s/

Robie , Acting P. J.

/s/

Butz , J.

/s/

Duarte , J.3 EDITORIAL LISTING

APPEAL from a judgment of the Superior Court of Nevada County, Thomas M.

Anderson, Judge. Affirmed.

Power Law and Stacie L. Power for Plaintiff and Appellant.

Severson & Werson

, Elizabeth Holt Andrews and Jan T. Chilton for Defendant

and Respondent.