Legal Question in Civil Litigation in California

It's up to the judge. You have to pipe up, kindly let the judge know you think enough is enough, and ask to be heard even if the defendant fails to appear to fails to be prepared.

Courts strongly favor giving parties their day in court. Mr. Storm is right on this one though. All you can do is point out to the court the history of the case, clearly, in detail, but without emotion or complaining, and then ask that the appeal be dismissed and a final judgment entered in your favor.

I don't know that the court can dismiss the appeal. I think it has to go through with the trial de novo, hear the case, and render its own judgment. You should also argue to the judge that the appellant's stall tactics are evidence of bad faith appeal, which has a monetary penalty attached to it, as I recall.

Here it is...

If the judge finds you filed your appeal in bad faith the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings and lodging.

Filing an appeal in bad faith means that:

(1) you filed your appeal without strong support for your position,

(2) you intended to harass or delay the other party, and/or

(3) you filed your appeal to encourage the other party to abandon the case.