Here's a fairly good primer on how to file (1) a poorly written brief on appeal, (2) that not only loses, but results in the Court of Appeal slamming you in a published opinion.
Here's how Justice Goethals' opinion begins:
"A bulldozer can move piles of dirt from one place to another. But when the goal is to move minds rather than dirt, employing a bulldozer may be counterproductive. The bulldozer in this case is appellant Debra Wear’s counsel. In our prior nonpublished opinion, Tedesco v. White (June 15, 2022, G059883) (Tedesco 1), we made clear to these lawyers that “[w]e do not confuse aggressive argument with persuasive advocacy.” Although the aggression has not abated, our view of it remains unchanged."
That's not a good sign if you're the appellant (or her counsel).
In truth, the Court of Appeal is actually fairly nice to appellant's counsel given the underlying briefs and their content. For example, here are some of the section headings contained in appellants' opening brief, and some of the statements therein:
H. The Court of Appeal and Riverside Court Violate Due Process to Assure Loss of Tedesco's Rights. . . . The Opinion in 4th Civil No. E070316 rested on systematic misrepresentation of the record and absurd misstatements of law. . . . I. Division Two Misrepresents its Own Opinion, Violates Due Process and Statutory Rights, and Denies Hearing on Constitutional Violations and Conservator's Breach of Duty. . . . In an order of June 5, 2020, Justices Ramirez, McKinster and Slough dismissed the appeal on indisputably false grounds. "Our opinion [in Case No. E070316] ruled that non-appointed counsel, Stephen Carpenter, Gloria Tedesco and Debra Wear have no standing; therefore, none of the documents they filed on behalf of Thomas S. Tedesco were properly filed. Our ruling became law of the case and binding on the parties and probate court. Those same orders cannot be appealed to this court again. [2App. 3223]" This was nonsense."
No, those are not the words of a pro se litigant. They're the words of a lawyer: appellant's counsel, Ian Herzog and Evan D. Marshall, of Herzog, Yuhas, Ehrlich & Ardell in L.A.
Not exactly the way to persuade the Court of Appeal. Given that content, Justice Goethals' rebuke of appellants' counsel -- hidden in a footnote -- is actually fairly mild. "In appellant’s opening brief, counsel once again explicitly disparages the integrity of our colleagues in the Fourth District, Division 2. We caution counsel about such tactics."
The Court of Appeal affirms the $6,000 sanction, awards costs to appellees, and moves on.
Fair enough.
