California | Appeals and Writs
Legal Question
I was the defendant in a lawsuit in the Superior Court of California, in and for the County of Santa Clara. In November 2010 I was granted a judgment in my favor, after a trial by court. On January 24, 2011, plaintiff filed an appeal in the 6th appellate district. Appellant used various tactics, including 2 formal requests for extension of time, to delay the filing of appellant’s opening brief.
The last request for extension of time by appellant for an additional 15 days was granted by the court on December 7, 2011.
However, 15 more days after that court imposed deadline of December 22, 2011 to file the opening brief granted by the court have now passed and this opening brief has still not been filed.
My question, is there a simple Judicial Council approved standard form that I can file to ask the court to dismiss this appeal for lack of prosecution?
If there is no standard form, what other documents besides a motion are required to be filed to dispose of this action? Are there any samples motions, etc. available for modification and use in this case? Thank you very much.
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