Legal Question in Appeals and Writs in California
I am waiting on a response to a "Motion to Vacate Dismissal of Appeal & Set Aside Default to File Appellate's Opening Brief" in LASC Appellate Division.
Should I call the Court Clerk to find out what is the delay-- or wait patiently on a response from the judge...it has been over a week?
Thank you.
2 Answers from Attorneys
You should wait patiently for a ruling from the court. The other side is entitled to an opportunity to oppose your motion before the court rules. The court then will also give you time to reply. Offhand I don't know what the relevant timeframes are in the LASC Appellate Division, but they surely amount to more than a week.
In the appellate division, a party wishing to oppose a motion must submit an opposition within 15 days of the date of filing the motion. (Cal. Rules of Court, rule 8.808(a).) The appellate division is waiting on an opposition. Once that time has run, or an opposition has been filed, the court can take anywhere from several days to a month to rule on the motion.
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