BOYDSTON v. NAPA SANITATION DISTRICT (1990)

Court of Appeal, First District, Division 5, California.

Jack L. BOYDSTON, Plaintiff and Respondent, v. NAPA SANITATION DISTRICT, Defendant and Appellant.

No. A046297.

Decided: September 11, 1990

ORDER DENYING PETITION FOR REHEARING

The Petition For Rehearing is denied. Counsel is reminded that assignments of error, points or arguments raised for the first time in a petition for rehearing are insufficient grounds for granting the petition. “It is the duty of counsel to see that all points are properly presented in the original briefs or argument before submission.” (9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 684, p. 656, and citations therein.) Further, issues not raised in the trial court will not be considered on appeal. (Estate of Westerman (1968) 68 Cal.2d 267, 279, 66 Cal.Rptr. 29, 437 P.2d 517.)

The trial court's order permits the monetary evaluation raised by the Petition For Rehearing, and provides appellant with the opportunity to compile an evidentiary record on this issue.

BY THE COURT:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network