When a respondent has not filed a respondents' brief in an appeal, can the court order that the respondent must file his or her own brief?

California, United States of America

The following excerpt is from Zazueta v. Imperial Heights Healthcare & Wellness Ctr., LLC, D075879 (Cal. App. 2020):

^1. Plaintiffs have not filed a respondents' brief. When a respondent fails to file a brief, "the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant." (Cal. Rules of Court, rule 8.220(a)(2).) The appellant "still bears the 'affirmative burden to show error whether or not the respondent's brief has been filed,' and we 'examine the record and reverse only if prejudicial error is found.' " (Smith v. Smith (2012) 208 Cal.App.4th 1074, 1078.)
^2. Section 1283.8 additionally empowers a trial court to set a reasonable date for completion of the arbitration proceeding, if the time is not fixed in the arbitration agreement itself. (Bosworth v. Whitmore (2006) 135 Cal.App.4th 536, 550.) The order at issue here is not such an order.

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