Legal Question in Appeals and Writs in California
My questions are in regard to a pro per appeal to a Court of Appeals in CA. I'm scrambling to meet a deadline to submit my opening brief. The Court denied the respondent's motion to dismiss the appeal and I am now into the automatic 15-day extension period following the 30 day due date from notification that the reporter's transcripts were filed. I understand this is not a trial nor an appropriate forum to present new evidence.
1. I found reference that it's possible to seek a 60-day stipulation, but must I contact the respondent and see if they'll agree before filing a request for extension? I know the defendant will not agree to the stipulation, so I wonder if granting the stipulation is routine or if I risk a refusal by the court. I do not need 60 days; probably two weeks. As far as good cause, I'm simply running out of time. This effort is far more complicated than I'd anticipated and there are many other demands on my time.
2. I need to know ifI can submit excerpts from the defendant's deposition even though my trial attorney failed to present this important evidence at trial. His deposition demonstrates the level of concealment of facts regarding sales for which my late husband was to have been reimbursed, which was one of the causes of action addressed at trial.
3. My attorney made many critical blunders and ommissions of fact. Should I point them out and provide the details?
4. I was pressured into a bench trial in the judge's chambers and there's no point going into the details because there was no discussion in open court, unfortunately. Would it be unwise to address this matter as yet another reason I should be granted a new trial by jury? I've since found out that a jury trial is far more appropriate in a case like this in which an award would have to be determined for some of the causes of action, if the plaintiff prevailed.
2 Answers from Attorneys
The simple answer about an extension is found on the 6th Appellate District's website (forms) - an application for an extension. Ask the other party, if they argree do a stipulation. You can make the stipulation mutual, so they get an extension also. If they say no, just file the form with the court properly filled out. Make sure you read the appellate rules before you file anything.
As for the other questions, you really need to consult with an attorney about how, if at all, these matters can be resolved. It may be too late but an experienced attorney should be able to advise you.
1. Even if you could get a stipulation the court might not accept it now that you are in default. It will probably grant an extension request if you show good cause, which you should be able to do. Normally extensions are sought in 30-day increments. I suggest asking the other side whether they will object, and including their answer in your extension request. If the other side says no, you're in even better shape. If they say yes, then they will look like jerks and you will probably still get the extra time you need. But bear in mind that, if your extension runs out and you haven't already applied for another one, you won't get a second automatic 15-day grace period.
2. Almost certainly not.
3. Probably not. In civil cases, mistakes by your own lawyer are not grounds for reversal. The job of the Court of Appeal is to see whether the trial court made mistakes, not whether your own lawyer did.
4. I've never heard of a bench trial in chambers. Were the proceedings at least transcribed by a court reporter? If not, you will have a very hard time winning an appeal on any grounds.
Feel free to contact me directly if you want to discuss your case further. I'm a certified specialist in appellate practice (per the State Bar of California's Board of Legal Specialization) with more than 15 years of experience in the field.
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