Legal Question in Civil Litigation in California
The Appellate Division of LASC (Los Angeles) sent me a "Brief Reject Sheet"on May 12, 2011.
When I received it, It said a that a "Motion for Relief from Default" must be submitted with the proposed brief- (i.e with brief revisions).
I corrected the brief by appropriately putting together a "Motion for Judicial Notice-under seq. 452, 459" (SEPARATELY) and a "Relief from Default/ Ext of time to Serve & File- Opening Brief"; et al accompanying order& memorandum. Had it prepared to be filed and served today---- and then I receive a "Order Dismissing Appeal" Failure to File AOB Limited Civil!!
I'm undone!!! Do I file a "Motion to Vacate Dismissal" or try to correct this with the Clerk's office, They were supposed to mark "received" under the CRC!! Yet it appears they are simply rushing to expedite a dismissal!!??????
Help- Thanks
If I had the money--- I would have already dumped this into one of your highly proficient laps!!! :)
2 Answers from Attorneys
As Mr. Stone so often says, if you can't afford an attorney, you must be able to afford to lose the case. You have a mess there that is never going to be corrected without the help of a lawyer. I'm a huge fan of self-help, but this is not a situation where that will work.
You are going to have to file a motion with the Appellate Division, immediately, to set aside the dismissal.