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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.

Based on a quick search of CA case laws, there is only 1 case that mentioned 8.124 (c), and it is an unpublished opinion which in most parts, just admonishing an appellant who basically had no idea what he was doing (Wolff v. Banerjee, A144094, Cal.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?

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I've no experience with this issue.

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.

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  • Thanks. I was thinking about doing the same. Looks like that's the only option. I am surprised no published opinion ever addressed this issue. – aaronqli Jun 22 at 9:50
  • Not surprising to me. Most have at least a little common sense and wouldn't risk so directly offending the court before which the attorney's case is pending. – DavidSupportsMonica Jun 22 at 21:01

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