Clay v. AT&T West, Inc.
Plaintiff Jerome A. Clay, Jr., sued defendant AT&T West, Inc., alleging wrongful termination and infliction of emotional distress.[1] AT&T West defaulted on the complaint; however, the trial court granted AT&T West’s motion to set aside the default. Later, the court sustained AT&T West’s demurrer to Clay’s complaint and dismissed the action. Representing himself, Clay appeals, contending in his headings that the trial court improperly sustained the demurrer but arguing in the text only that the court abused its discretion in setting aside AT&T West’s default.
We conclude that (1) the granting of the motion to set aside the default is reviewable on appeal after the dismissal, (2) Clay’s opening brief is deficient because it fails to rely solely on matters in the record on appeal, (3) Clay has forfeited any argument about whether the trial court properly sustained AT&T West’s demurrer, and (4) the record does not support Clay’s argument that the trial court abused its discretion in granting AT&T West’s motion to set aside the default.
We therefore affirm.
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