A respondent who wants to end a California appeal before full briefing files a motion to dismiss under California Rule of Court 8.54, asking the Court of Appeal to close the case on a specific procedural defect or because the dispute no longer needs resolving. The motion has to rest on a concrete ground the court recognizes, be supported by the right documents, and be filed and served the way the appellate rules require. Done well, a motion to dismiss an appeal in California can shut the matter down without ever reaching the merits.
Grounds the Court Will Actually Accept
Appellate courts do not dismiss appeals lightly. The motion needs a real defect, not a belief that the appeal is weak.
The cleanest ground is a late notice of appeal. Rule 8.104 sets hard deadlines: the notice must be filed within 60 days after the clerk or a party serves a notice of entry of judgment, or within 180 days after entry of judgment, whichever comes first. Miss that window and the Court of Appeal loses jurisdiction. The rule states plainly that “If a notice of appeal is filed late, the reviewing court must dismiss the appeal.”1Judicial Branch of California. California Rules of Court 2026 – Rule 8.104 Time to Appeal No extension is available, which is why timeliness gives the court nothing to weigh.
The second reliable ground is that the appellant is trying to appeal something that is not appealable. Code of Civil Procedure section 904.1 lists what can be appealed: final judgments, post-judgment orders, orders granting or denying injunctions, orders appointing receivers, and certain interlocutory sanctions orders exceeding $5,000, among others.2California Legislative Information. California Code of Civil Procedure 904.1 Routine discovery rulings and most interim procedural orders are not on that list and cannot be appealed on their own.
Mootness is another accepted basis. An appeal becomes moot when a change in circumstances eliminates any real dispute. A post-appeal settlement is the classic example. Mootness can also arise when a statute is repealed, when a party has complied with the judgment, or when the passage of time makes effective relief impossible.
Finally, an appeal can be dismissed when the appellant fails to take the steps needed to build the appellate record. Under Rule 8.140, if the appellant does not pay for the clerk’s transcript or designate the record, the superior court clerk sends a written default notice. The appellant then has 15 days to cure. If nothing happens, the clerk notifies the Court of Appeal, which may dismiss.3Judicial Branch of California. California Rules of Court 2026 – Rule 8.140 Failure to Procure the Record A respondent watching an uncured default can push the issue with a sanctions motion under the same rule.
What the Motion Must Contain
Rule 8.54 sets the baseline. The motion must be in writing, state the grounds and the relief requested, and include a memorandum of points and authorities.4Judicial Branch of California. California Rules of Court 2026 – Rule 8.54 Motions Most practitioners combine the motion and memorandum into a single document with clearly labeled sections.
If the motion depends on facts outside the appellate record, add declarations signed under penalty of perjury. A timeliness motion needs a declaration establishing when the judgment was entered, when any notice of entry was served, and when the notice of appeal was filed. A mootness motion might attach a signed settlement agreement as an exhibit. Give the court everything it needs to rule without guessing.
The last piece is a proof of service showing that the complete motion package went to the appellant. The proof must identify who was served, the address used, the date, and the method. Without it, the court will not consider the motion.
Filing, Service, and the Fee
Service comes first. Deliver the motion package to the appellant using a method the California Rules of Court allow: personal delivery, mail, or electronic service if the parties have consented. Only after service is complete do you file with the Court of Appeal.
California’s appellate courts require electronic filing for nearly all documents. Rule 8.71 mandates e-filing in the reviewing court unless a court order provides otherwise.5Judicial Branch of California. California Rules of Court 2026 – Rule 8.71 Electronic Filing In practice that means uploading PDFs through TrueFiling, the approved platform for California’s appellate courts.6California Courts. E-Filing
If the motion is your first filing in the appeal, expect a filing fee. The First Appellate District charges $390 for the first document filed by a party other than the appellant.7California Courts of Appeal. Fees – First Appellate District The fee is set by Government Code and is generally uniform across California’s six appellate districts.
What Happens After You File
The appellant has 15 days to serve and file a written opposition. Appellants who skip that step take a real risk. Rule 8.54 says failing to oppose may be treated as consent to granting the motion.4Judicial Branch of California. California Rules of Court 2026 – Rule 8.54 Motions Courts are not required to dismiss automatically in that situation, but many will.
The court then reviews the motion, any opposition, and the supporting evidence. Three outcomes are possible. The court can grant the motion and dismiss the appeal, which leaves the trial court’s judgment standing. It can deny the motion and let the appeal proceed to full briefing and oral argument. Or it can defer the question and consider it alongside the merits later. The clerk notifies both parties in writing.
One point respondents miss: filing a motion to dismiss does not automatically stop the briefing schedule. Unless the court orders a stay, the appellant’s deadlines for the opening brief keep running. If you want those deadlines tolled, ask for that relief in the motion itself or in a separate request.
Adding a Sanctions Request
When an appeal is not just defective but genuinely frivolous, a respondent can seek sanctions under Rule 8.276. The rule authorizes the Court of Appeal to impose sanctions for taking a frivolous appeal, appealing solely to cause delay, filing a frivolous motion, or committing any other unreasonable violation of the appellate rules.8Judicial Branch of California. California Rules of Court 2026 – Rule 8.276 Sanctions Sanctions can include monetary penalties and awards or denials of costs.
A sanctions motion must include a declaration supporting the amount sought and must be filed before any order dismissing the appeal, or no later than 10 days after the appellant’s reply brief is due.8Judicial Branch of California. California Rules of Court 2026 – Rule 8.276 Sanctions There is a tactical wrinkle. If you file a sanctions motion alongside a motion to dismiss and the dismissal motion is denied, you get a second chance: a new sanctions motion within 10 days after the reply brief deadline.
California courts use two tests for frivolousness. The subjective test asks whether the appellant brought the appeal to harass the respondent or delay the judgment’s effect. The objective test asks whether any reasonable attorney would agree the appeal is completely without merit. Either test can support a finding, but courts use the power sparingly.
After the Ruling
If the motion is granted, the appeal ends. The Court of Appeal issues a remittitur returning the case to the superior court, and the trial court’s judgment stands. The appellant still has one remaining option: under Rule 8.500, a party may petition the California Supreme Court for review, and the petition must be filed within 10 days after the Court of Appeal’s decision becomes final, with no extensions available.9Judicial Branch of California. California Rules of Court 2026 – Rule 8.500 Petition for Review The Supreme Court grants very few petitions, so a dismissal at the Court of Appeal is usually the last word.
If the motion is denied, the appeal proceeds normally. The appellant files an opening brief, the respondent files a response, and the case moves toward oral argument. Losing the motion does not waive any arguments you plan to raise in your briefing. A denial simply means the procedural challenge was not enough to end the appeal before a full hearing.