Legal Question in Appeals and Writs in California

Re: untimely breif and motion to augment

If the Court of Appeal grants your opponent's motion to augment the record, they will reset the time period for her to file your opening brief. You should be less concerned about technicalities as Mr. Stone pointed out, and more concerned about what your opponent is augmenting the record with. I had one appeal where the County of Los Angeles augmented the record with documents that were not in the original court file.

Needless to say, my appeal was dismissed due to the Court of Appeal believing their story presented in the documents that were not matters of record.

Very truly yours,

Re: untimely breif and motion to augment

Don't bother. It will be granted. The Court of Appeal wants actions to be heard on their merits, not dismissed on technicalities.

Re: untimely breif and motion to augment

I don't necessarily agree with attorney Guerrini that the motion to augment and correct the record will automatically be granted, but I do agree with him in that you probably don't have to do anything until the motion is ruled upon and an opening brief is filed.

This is of course just a guess, since I don't know anything about the case nor have I read any of the papers.