Legal Question in Appeals and Writs in California

When requesting an "extension of time to serve opening brief" in a Los Angeles civil appeal -Limited jurisdiction; on the "proof of service" do you additionally serve the Judge who rendered the final ruling as (Superior Court County of Los Angeles- Respondent) or do you simply serve only the (Plaintiff in Interest)?

Also should (Superior Court County of Los Angeles- Respondent)- even be placed on the cover of the opening brief?

Thank you.


Asked on 4/10/11, 1:31 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You would serve Honorable Joe Smith c/o Clerk of the Superior Court. Normally the respondent or appellee in a civil appeal is the adverse party.

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Answered on 4/10/11, 2:08 pm
Anthony Roach Law Office of Anthony A. Roach

No, no, no! Appeals in limited civil cases are to the Appellate Department of the Superior Court. Applications for extensions of time to file briefs are governed by LASC, rule 11.5 subd. (e). You do not have to serve the trial court judge with your application for extension of time.

The opening brief, and your reply brief, however, must have listed all the judges who participated in the Superior Court and a courtesy copy served on them.

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Answered on 4/10/11, 7:24 pm


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