Legal Question in Civil Litigation in California

You're looking at the wrong court rule. California Rules of Court, rule 8.487 governs service of opposing and amicus briefs in the Court of Appeal.

If you are involved in a limited civil action in the Superior Court, then appellate matters are handled by the appellate division. You mention the "appellate division" so I assume that you are involved in a limited civil case. Filing an opposition to a petition for a writ of mandate in an appeal to the appellate division is governed by California Rules of Court, rule 8.933. That rule provides that an opposition to a writ petition is due within 10 days after a petition is filed. http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_933

The time frame is similar, but if you are dealing with a limited civil case, you need to be careful as the rules sometimes differ between the Courts of Appeal and the Appellate Divisions.

Just remember the rule says may file... The court does not have to have an opposition to a ruling... If they do they will issue a alternative writ or OSC and you'll also be able to respond.

They will have to show irreparable harm not irreparable inconvenience....

Rule 8.487 applies only in the Supreme Court and the Courts of Appeal. It does not apply in the Appellate Division of the Superior Court. Your case is subject instead to Rule 8.933, which allows (but does not require) preliminary oppositions within ten days after the petition is filed.

But it is also subject to Rule 8.817, which says that any document filed in that division must be served *before* it is filed. It seems your opponent violated that rule.

You say that the papers were served by email, but service by email is usually not allowed. Did you and the other party agree in writing to allow email service? If you didn't, then you probably still have not been served properly.

Did the petition include a proof of service? If so, what did it say? If the proof of service was missing, then the petition should not have been filed. And if it was falsified, you should let the court know.

Even if you don't file a preliminary opposition, the appellate division will not grant the petition unless it first issues an alternative writ or an order to show cause, or notifies you that it is considering granting the petition. Once any of these things happens, you will have 30 days in which to file a formal opposition. Note, though, that the court might grant a request for a stay in the meantime.

Feel free to contact me directly if you want to discuss your situation in more detail.

Good luck.