Legal Question in Appeals and Writs in California

Re: Oral Argument Waiver Notice

I presume this appeal is pending in a state court rather than a federal court.

The exact significance of the oral argument waiver notice varies a bit from one appellate district to another, but such notices are issued in almost all cases. It is not necessarily a good or bad sign for either party; it simply means that the court is making progress in handling the case.

In most appellate courts the notice and the argument schedule are sent together about four to six weeks before the date set for the case to be argued, and it offers parties the chance to waive argument if they prefer to rely on their briefs. In some courts the notice is send out earlier, so that the court will know which cases will be argued before it schedules the arguments. In Division Three of the Fourth District (in Riverside), the notice is sent along with a draft opinion so that the parties will know how the court views the case before they decide whether to request or waive oral argument. That court occasionally will order that the parties argue a case instead of giving the option of waiving.

By the way, your question asks if the notice is a god sign for the plaintiff. The term "plaintiff" has little significance on appeal, because sometimes the plaintiff was the winner in the trial court and sometimes the loser. It makes more sense to describe the parties as appellant and respondent but, as I said before, the issuance of this notice probably doesn't reveal much about either party's chances.

Re: Oral Argument Waiver Notice

Waivers are routine notices to eliminate extra work for the appellate courts. It has no significance at all regarding the court's leaning.

If your brother has a lawyer, follow his/her advice on waiving or not. Generally, waiver is not a good idea since if the court still has questions it wants answered after reading the briefs, oral argument is the simplest way to get them.