Has anyone dealt with issues with non-compliance of CRC 8.124(c) in California appellate cases?
<p>The appeal proceeds with 8.124 appendix. The opposing party / counsel (appellee) has been withholding trial exhibits (which were returned after the trial). A 8.124(c)(2) notice was filed in the appellate court and served on the opposing counsel, but no response was received from them. At least 10 days have passed since the notice was given.</p>
<p>Based on a quick search of CA case laws, there is only 1 case that mentioned 8.124 (c), and it is an unpublished opinion which in most parts, just admonishing an appellant who basically had no idea what he was doing (Wolff v. Banerjee, A144094, Cal. Ct. App. Mar. 2, 2016). It is unclear from CRC what the remedy or next steps should be to seek compliance of 8.124(c). Has anyone dealt with that before?</p>

<p>I've no experience with this issue.</p>
<p>You could file for sanctions under CRC 8.276, moving therein that the Court order the recalcitrant party to provide the documents, or if in default thereof, to have its appellate brief stricken.</p>

california civil-procedure appeal