HOLDINGS: [1]-Although appellate briefs that lacked citations to the clerk’s transcript did not strictly comply with Cal. Rules of Court, rule 8.204(a)(1)(C), they contained references to the statement of undisputed facts, and the failure to comply was thus excusable because the record was not long and the references easily could be located; [2]-Triable issues existed regarding a contract for the purchase and sale of an aircraft because the seller’s failure to obtain a lien release by a specified date was not shown to have caused damages, evidence that the seller had not acted wilfully and had obtained the lien release soon after the deadline could support a finding of substantial performance, it was not clear whether the parties intended a “time is of the essence” provision to apply to the lien release, and equity would not require strict compliance if an unjust forfeiture would result.
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Outcome
Reversed and remanded.
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