Wednesday, October 31, 2018

What IS a "respondent"?

Image result for hear me roar
"I am SO a respondent!"
Appellate Sanctions Watch! Assume that plaintiff files and serves a complaint on defendants, but defendants never appear. Further assume that the trial court dismisses the complaint for some reason and enters a judgment favoring defendants. If plaintiff appeals, can defendants file a brief? As this case here makes clear, the answer is a resounding yes. The prevailing defendants are respondents as a matter of law and entitled (indeed, required) to file a brief on appeal. CRC 8.10, 8.200(a)(2). Indeed, plaintiff's motion to strike defendant's appellate brief is frivolous -- and deserving of sanctions of $2700. So there.