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Glossary – California Appellate Courts
Pueden encontrarse consultando en Internet o en una biblioteca.Aviso de ApelaciónDocumento presentado y registrado para informar a la corte y a las demás partes del caso que se está apelando la decisión de la corte inferior.BriefA written description of the facts in the case, the law that applies, and the party's argument about the issues on appeal. The brief gives your argument about why the superior court’s decision should be changed or kept the same.California Rules of CourtThe rules for procedures and deadlines in California’s state courts.California Supreme CourtThe Supreme Court of California is the state's highest court. Its decisions are binding on all other California state courts. The court conducts regular sessions in San Francisco, Los Angeles, and Sacramento; it may also hold special sessions elsewhere.Cause of actionThe facts and legal theory supporting a particular claim in a lawsuit, such as a malpractice or breach of contract cause of action.CitaReferencia de doctrina o jurisprudencia (p ej., un caso, una ley o tratado) o referencia al expediente del caso (a la transcripción del secretario de la corte o el taquígrafo o estenógrafo).CitationA reference to legal authority (such as a case, statute, or treatise) or a reference to the record (such as the clerk’s or reporter’s transcript).Cite(Citation) A reference to legal authority (such as a case, statute, or treatise) or a reference to the record (such as the clerk’s or reporter’s transcript).Civil Case Information Statement (Docketing Statement)Court form APP-004 helps the Court of Appeal determine if a Notice of Appeal is filed on time and is from an appealable judgment or order. The form is filled out by each appellant or cross-appellant.Clerk’s transcriptA collection of the documents filed or lodged in your case at the trial court. A clerk’s transcript is prepared by the superior court clerk in compliance with your designation of record and CRC rules 8.122 and 8.144.CodesThe law created by statutes.
Designating the Record – California Appellate Courts
Requests for financial support of transcripts are not likely to be approved.
What can the respondent do? If there was a court reporter in the trial and a reporter’s transcript is available, the other parties should review the choice for oral proceedings in the appellant’s designating the record on appeal form APP-003.

If the appellant chooses to send a reporter’s transcript for the oral proceedings, the other parties should review what oral proceedings the appellant included. If a respondent wants to include additional oral proceedings from other days or hearings, the respondent can file a Respondent’s Notice Designating the Record on Appeal (unlimited civil case) form APP-010. The respondent must serve and file this form within 10 days after the appellant files their notice designating the record.
If the appellant chooses a settled statement for the oral proceedings, the other parties may be able to designate a reporter’s transcript if they first get an order from the trial court that gives them permission. In this situation, a respondent agrees to provide the reporter’s transcript at their own expense. The respondent must serve and file a Notice Designating the Record on Appeal (unlimited civil case) form APP-010 within 20 calendar days from the date the appellant served a copy of their settled statement. The trial court clerk or court reporter can provide an estimate of the fee for preparing the reporter’s transcript. The respondent is usually required to pay a deposit in advance.

How do the parties get a copy? The party who pays for the reporter’s transcript automatically gets a copy. The other parties can buy a copy of the reporter’s transcript from the trial court.
Learn more about a reporter’s transcript
 
 Agreed Statement What is it? An agreed statement is a summary of part or all of the trial court proceedings. An agreed statement is prepared by the parties. It can take a lot of time to prepare an agreed statement.
How is it used? An agreed statement can be used instead of a reporter’s transcript for the record of oral proceedings. It can also be used instead of a clerk’s transcript for the record of documents.
How to dismiss your eviction case | California Courts | Self Help Guide
You can’t dismiss your case if a Judgment was filed in the case (the judge made a decision already).
If you and your tenant have not done everything you agreed to, you might want to leave the case open in case you need to go to court to solve any leftover problems.

How to ask for your eviction case to be dismissed

Fill out forms
Fill out the following forms
Request for Dismissal (form CIV-110)
Item 2 on the form asks about fee waivers. Check the first box if you got a fee waiver to file your case. Check the second box if you did not get a fee waiver.
If you got a fee waiver, you may have to pay back the waived fee if you are getting paid $10,000 or more by the other side. Read the second page of the form to find out if this applies to you.
Below Item 2, date, print and sign your name.
If your tenant filed a Cross-Complaint against you in the case, they will need to sign the Request for Dismissal form, too. This is rare. Otherwise, they don't have to sign this form.

What does "with prejudice" or "without prejudice" mean? 

With prejudice means that you can't file a new eviction case to evict your tenant about the issues you put in the Complaint you filed. For example, if you're dismissing the case because your tenant moved out and they don't owe you money you can check this box because you won't need to file to evict them again or to collect the money you asked for in the Complaint. 
Without prejudice means you can file again about the same issue you put in the Complaint you filed if you need to. If you're dismissing the case because your tenant moved out and they owe you money you can check this box because you may want to file to collect the money you asked for in the Complaint. 

 
Should I dismiss just the "Complaint" or the "Entire action of all parties and all causes of action"? 
If you have no more legal issues for the judge to decide in your eviction case you can check the "Entire action of all parties and all causes of action" box.
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Reply Brief – California Appellate Courts
The appellant must file one proof of service of service form for each brief that is delivered.
Proof of service forms are included at the end of the appellant’s reply brief, after the Certificate of Compliance.
 

Filing the Appellant’s Reply Brief with the Court of Appeal
There are two ways to file a brief: electronically file (e-file) on the computer or file on paper at the Court of Appeal. Always check with your Court of Appeal to confirm the specific filing requirements and copy requirements in your case.
The Court of Appeal requires lawyers and people who have a lawyer to file electronically. If the appellant is self-represented – meaning they do not have a lawyer – then the appellant can choose to file electronically or file on paper.
If filing electronically, the court does not need or require paper copies.
If filing on paper, the original brief and proof of service forms are always given to the Court of Appeal. Some courts also require the appellant to file extra copies of the brief.
The appellant keeps one copy of the brief. It’s also a good idea to bring or mail an extra copy of the brief to the court clerk. The appellant can ask the clerk to stamp “filed” on the extra copy to show that the original was filed, and keep the extra copy as proof.
Next Steps After the Appellant’s Reply Brief
After all the briefs are filed and the Court of Appeal has had time to review them, the court will contact the parties to ask if they want to participate in oral arguments. All parties who file a brief that the Court of Appeal accepts will have an opportunity to make an oral argument. This is a chance for the parties to talk to the Court of Appeal justices in person and explain the arguments in their briefs.
Additional Resources:
Official appeal procedures for unlimited civil appeal cases (Form APP-001)
California rules of court for the Courts of Appeal
Common Questions:

 Can I talk about old and new legal issues in my reply brief? You cannot introduce new legal issues that were not discussed in the respondent’s brief.
But you can address new legal issues that the respondent wrote about.
Additional Filings – California Appellate Courts
if your household income (before taxes) is less than the amounts listed on form FW-001 in item 5b
if the court finds that you do not have enough income to pay for basic household needs and the court fees

Are all the court fees waived? It depends. During an appeal, there are fees in both the trial court and the Court of Appeal.

In the trial court, some fees are always waived if you have a fee waiver. There are other fees that the court decides whether or not to waive based on the financial situation of the applicant. Generally there is a fee for the reporter’s transcript. That’s because a court reporter does not work for the court. A court reporter works for an independent business with permission to work in the court.

In the Court of Appeal, there is a one-time filing fee for the appellant for each notice of appeal filed, and a one-time filing fee for the respondent. If the Court of Appeal approves your request for a fee waiver, then you will not have to pay a fee in the Court of Appeal. If the Court of Appeal does not approve your request for a fee waiver, then you will have to pay a one-time filing fee.

What happens if I don’t pay my filing fees?
If you do not pay the filing fees or if your check bounces, the court will send a notice giving you a deadline to pay the fees or have them waived.
If you are the appellant and you do not pay the filing fees or ask for a fee waiver by the deadline, the court may dismiss the appeal.
If you are the respondent and you do not pay the filing fees or ask for a fee waiver by the deadline, the court may not accept your brief. If that happens, the court will make a decision based on the appellant’s opening brief, the record on appeal, the law, and the appellant’s oral argument (if they present one to the court).
What happens if my fee waiver is denied? The court does not automatically approve a fee waiver application. The court can deny a fee waiver because it finds a person is not eligible, or because the application is not complete.
2nd District Court of Appeal - 2DCA
We highly encourage all parties involved in our judicial proceedings to familiarize themselves with the provisions of this order to ensure a safe and responsible environment for all.
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The 2nd District main courthouse is in Los Angeles. The secondary courthouse, hosting Division Six, in Ventura. Division Six handles appeals from San Luis Obispo, Santa Barbara, and Ventura Counties, while Divisions One through Five, Seven, and Eight handle appeals from Los Angeles County. Each division has four justices.  READ MORE >> 

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9. Court Opinion
The Court of Appeal makes a decision after reviewing all the briefs, the record on appeal, and the law.
Here’s an overview of what to expect in this step of the appeal process and what can happen next. 
Timeline of the Court’s Decision
After all the briefs are filed and oral arguments are made or waived, the case is submitted to the Court of Appeal for a decision. The Court of Appeal has 90 days from the date a case is submitted to make a decision. 
Note: The court may file an order dismissing the appeal at any time while the case is pending. If the court issues a dismissal order early in the appeal, the court is not required to allow the parties to file a brief or make an oral argument.
What the Court can Decide
The Court of Appeal’s decision will either be an opinion or an order. The Court of Appeal may:

affirm the trial court’s judgment or order
modify the trial court’s judgment or order
reverse all or part of the trial court’s judgment or order
send the case back to the trial court for a new trial or hearing
dismiss the appeal if it was not filed on time, if there is not an appealable order, or if there is a procedural default (like failure to file a brief or pay a fee)

The court’s opinion generally also includes information about who may be eligible to have their appeal fees paid by the other party.
How the Court Makes a Decision
There are three justices at every Court of Appeal.
Tentative Rulings | Superior Court of California | County of Tulare
§ 438(c)(1); see International Assn. of Firefighters v. City of San Jose (2011) 195 Cal.App.4th 1179,1196.)
The purpose of a demurrer (and here, an MJOP) is to test whether a complaint “states facts sufficient to constitute a cause of action upon which relief may be based.” (Young v. Gannon (2002) 97 Cal.App.4th 209, 220.  To state a cause of action, a plaintiff must allege facts to support his or her claims, and it is improper and insufficient for a plaintiff to simply plead general conclusions. (Careau v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 11371, 1390.) The complaint must contain facts sufficient to establish every element of that cause of action, and thus a court should sustain the demurrer if “the defendants negate any essential element of a particular cause of action.” (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879-80)
To determine whether the complaint states facts sufficient to constitute a cause of action, the trial court may consider all material facts pleaded in the complaint and those that arise by reasonable implication therefrom; it may not consider contentions, deductions, or conclusion of fact or law (Moore v. Conliffe (1994) 7 Cal.4th 634, 638.)
An MJOP can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) No other extrinsic evidence can be considered (i.e., no "speaking demurrers"). (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.)
Appeals: Sacramento Superior Court

The unit responsible for the filing of appeals in Juvenile Dependency matters
 	is located on the third floor of the 
 	William R. Ridgeway Family Relations Courthouse. Hours: 8:30 a.m. to 12:00 p.m.
 	and 1:00 p.m. to 4:00 p.m. Closed from 12:00 p.m. to 1:00 p.m., Monday through
 	Friday (excluding court holidays).

Juvenile Delinquency

 The unit responsible for the filing of appeals in Juvenile Delinquency matters 
 is located at the 
 Juvenile Courthouse.

Small Claims

 	A Small Claims appeal is a “Trial de Novo” or “new trial.” This means that the case is decided by a new
 	judicial officer from the beginning so the parties have to present their case all over again.
 	Parties are allowed to bring a lawyer to represent them in at the new trial. Appeals in Small Claims can
 	be filed at the Carol Miller Justice Center
 	by using the Notice of Filing Appeal (SC-140). Please read the information on the back of the judgment mailed to you from the court.
 	Free assistance is available to help you with your Small Claims case through the
 Small Claims Advisory Clinic.
 

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Rule 8.155. Augmenting and correcting the record 
Former rule 8.160. Renumbered effective January 1, 2010
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Rule 8.200. Briefs by parties and amici curiae
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May 15, 2024
The Second District Court of Appeal announces the confirmation of Justice Gonzalo Martinez as Presiding Justice and Judge Natalie P. Stone as Associate Justice of Division Seven. Read more on the California Courts Newsroom: Commission Confirms Appointments to Courts of Appeal
February 23, 2024
Attorneys to Represent Inmates in Death Penalty-Related Habeas Corpus Proceedings
The Second District Court of Appeal is seeking attorneys to represent inmates in death penalty-related habeas corpus proceedings. View for more information regarding applying for an appointment.
 
For a list of Statewide Habeas Attorneys visit HCRC Panel.
September 19, 2023
Court Files Miscellaneous Order 2023-02 
Today, the Court of Appeal, Second Appellate District issued Miscellaneous Order 2023-02. This order outlines essential protocols for courtroom attendance with the primary goal of preventing the spread of COVID-19. We highly encourage all parties involved in our judicial proceedings to familiarize themselves with the provisions of this order to ensure a safe and responsible environment for all.
Click here to read the full order

How to Prepare Electronic Filings
Formatting Requirements and Guidelines
Consecutive Pagination Across Multiple PDF Files
Consecutive Pagination Across Multiple PDF Files – Adobe DC
Electronic Filing Guidelines for Submitting Documents to Court of Appeal, Second Appellate District
Electronic Bookmarking Tips

PDF Bookmark Zoom Settings

Samples

Sample Brief
Sample Appendix
Sample Writ Petition
Sample Exhibit