Santa Barbara — APP-150-INFO

Source: https://www.courts.ca.gov/documents/app150info.pdf

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases 2 What is a writ? GENERAL INFORMATION A writ is an order from a higher court telling a lower 1 What does this information sheet cover? court to do something the law says the lower court must do or not to do something the law says the lower court This information sheet tells you about writ does not have the power to do. In writ proceedings in the proceedings)—proceedings in which a person is asking appellate division, the lower court is the superior court for a writ of mandate, prohibition, or review—in that took the action or issued the order being challenged. misdemeanor, infraction, and limited civil cases, and in certain small claims cases. Please read this information For information about appeal procedures, see:sheet before you fill out Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) (form APP-151). This Information on Appeal Procedures forinformation sheet does not cover everything you may Misdemeanors (form CR-131-INFO);need to know about writ proceedings. It is only meant to give you a general idea of the writ process. To learn Information on Appeal Procedures for more, you should read rules 8.930 -8.936 of the Infractions (form CR-141-INFO); and California Rules of Court, which set out the procedures for writ proceedings in the appellate division. You can Information on Appeal Procedures for Limited get these rules at any courthouse or county law library or Civil Cases (form APP-101-INFO) online at www.courts.ca.gov/rules. You can get these forms at any courthouse or county This information sheet does NOT provide information law library or online at www.courts.ca.gov/forms. about appeals or proceedings for writs of supersedeas or habeas corpus, or for writs in certain small claims cases. For information about appeals, please see the box on In this information sheet, we call the lower court the the right side of this page. “trial court.” For information about writs of habeas corpus, please see rules 4.550–4.552 of the California Rules of 3 Are there different kinds of writs? Court and Petition for Writ of Habeas Corpus (form Yes. There are three main kinds of writs: HC-001). For information about writs of supersedeas, please Writs of mandate (sometimes called “mandamus”), see rule 8.824 of the California Rules of Court. which are orders telling the trial court to do something. This information sheet applies to writs relating to postjudgment enforcement actions of the small Writs of prohibition, which are orders telling the claims division. For information about writs relating trial court not to do something. to other actions by the small claims division, see Writs of review (sometimes called “certiorari”), rules 8.930 -8.936 of the California Rules of Court which are orders telling the trial court that the and Petition for Writ (Small Claims) (form SC-300). appellate division will review certain kinds of For information about writs relating to actions of the actions already taken by the trial court. superior court on small claims appeals, see rules There are laws (statutes) that you should read concerning 8.485 -8.493 of the California Rules of Court. each type of writ: see California Code of Civil Procedure You can get these rules and forms at any courthouse or sections 1084–1097 about writs of mandate, sections county law library or online at www.courts.ca.gov/rules 1102–1105 about writs of prohibition, and sections for the rules or www.courts.ca.gov/forms for the forms. 1067–1077 about writs of review. You can get copies of these statutes at any county law library or online at leginfo.legislature.ca.gov/faces/codes.xhtml.

Judicial Council of California, www.courts.ca.gov APP-150-INFO, Page 1 of 12Rev. January 1, 2024, Optional Form Information on Writ Proceedings in Cal. Rules of Court, rules 8.930–8.936 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases 4 Is a writ proceeding the same as 6 Can a writ be used to address any an appeal? errors made by a trial court? No. In an appeal, the appellate division must consider No. the parties’ arguments and decide whether the trial court Writs can only address certain legal errors. Writs can made the legal error claimed by the appealing party and only address the following types of legal errors made by whether the trial court’s decision should be overturned a trial court: based on that error (this is called a “decision on the The trial court has a legal duty to act but:merits”). In a writ proceeding, the appellate division is not required to make a decision on the merits; even if the Refuses to act; trial court made a legal error, the appellate division can Has not done what the law says it must do; or decide not to consider that error now, but to wait and Has acted in a way the law says it does not have consider the error as part of any appeal from the final the power to act. judgment. Most requests for writs are denied without a The trial court has performed or says it is going to decision on the merits (this is called a “summary perform a judicial function (like deciding a person’s denial”). Because of this, appeals are the ordinary way rights under law in a particular case) in a way that that decisions made by a trial court are reviewed and the court does not have the legal power to do. writ proceedings are often called proceedings for There must be no other adequate remedy. The trial“extraordinary” relief. court’s error must also be something that can be fixed only with a writ. The person asking for the writ mustAppeals and writ proceedings are also used to review show the appellate division that there is no adequate waydifferent kinds of decisions by the trial court. Appeals to address the trial court’s error other than with the writcan be used only to review a trial court’s final judgment (this is called having “no adequate remedy at law”). Asand a few kinds of orders. Most rulings made by a trial mentioned above, appeals are the ordinary way that trialcourt before it issues its final judgment cannot be court decisions are reviewed. If the trial court’s rulingappealed right away; they can only be appealed after the can be appealed, the appellate division will generallytrial court case is over, as part of an appeal of the final consider an appeal to be good enough (an “adequatejudgment. Unlike appeals, writ proceedings can be used remedy”) unless the person asking for the writ can showto ask for review of certain kinds of important rulings the appellate division that the person will be harmed in amade by a trial court before it issues its final judgment. way that cannot be fixed by the appeal if the appellate division does not issue the writ (this is called 5 Is a writ proceeding a new trial? “irreparable” injury or harm). Statutory writs: There are laws (statutes) that provideNo. A writ proceeding is NOT a new trial. The that certain kinds of rulings can or must be challengedappellate division will not consider new evidence, such using a writ proceeding. These are called “statutoryas the testimony of new witnesses. Instead, if it does not writs.” Here is a list of some of the most commonsummarily deny the request for a writ, the appellate rulings that a statute says can or must be challengeddivision reviews a record of what happened in the trial using a writ:court and the trial court’s ruling to see if the trial court made the legal error claimed by the person asking for the A ruling on a motion to disqualify a judge (see writ. When it conducts its review, the appellate division California Code of Civil Procedure section 170.3(d)) presumes that the trial court’s ruling is correct; the Denial of a motion for summary judgment (see person who requests the writ must show the appellate California Code of Civil Procedure section division that the trial court made the legal error the

al court’s ruling is correct; the Denial of a motion for summary judgment (see person who requests the writ must show the appellate California Code of Civil Procedure section division that the trial court made the legal error the 437c(m)(l)) person is claiming. A ruling on a motion for summary adjudication of issues (see California Code of Civil Procedure section 437c(m)(l))

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 2 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

Denial of a stay in an unlawful detainer matter (see city or county ordinances. (If a person was also charged California Code of Civil Procedure section 1176) with or convicted of a misdemeanor in the same case, it is considered a misdemeanor case, not an infraction An order disqualifying the prosecuting attorney (see case.) You can get copies of these statutes at any county California Penal Code section 1424) law library or online at leginfo.legislature.ca.gov/faces You can get copies of these statutes at any county law /codes.xhtml. The appellate division can consider library or online at leginfo.legislature.ca.gov/faces requests for writs in small claims actions relating to /codes.xhtml. You will need to check whether there is a postjudgment enforcement orders. statute providing that the specific ruling you want to The appellate division does NOT have jurisdiction tochallenge can or must be reviewed using a writ consider requests for writs in either unlimited civil casesproceeding. (Note that just because there is a statute (civil cases in which the amount claimed is more thanrequiring or allowing you to ask for a writ to challenge a $35,000) or felony cases (cases in which a person hasruling does not mean that the court must grant your been charged with or convicted of a crime for which therequest; the appellate division can still deny a request for punishment can include time in state prison). Requestsa statutory writ.) for writs in these cases can be made in the Court of Common law writs: Even if there is not a statute Appeal. The appellate division also does NOT have specifically providing for a writ proceeding to challenge jurisdiction to consider requests for writs of habeas a particular ruling, most trial court rulings other than the corpus; requests for these writs can be made in the final judgment can potentially be challenged using a writ superior court. proceeding if the trial court made the type of legal error Requests for writs relating to actions of the small claimsdescribed above and the petitioner has no other adequate division other than postjudgment enforcement orders areremedy at law. These writs are called “common law” considered by a single judge in the appellate division.writs. (See form SC-300-INFO.) Requests for writs relating to 7 Can the appellate division consider a superior court actions in small claims cases on appeal request for a writ in any case? may be made to the Court of Appeal. No. Different courts have the power (called 8 Who are the parties in a writ proceeding?“jurisdiction”) to consider requests for writs in different types of cases. The appellate division can only consider If you are asking for the writ, you are called the requests for writs in limited civil, misdemeanor, and PETITIONER. You should read “Information for the infraction cases, and certain small claims cases. A Petitioner,” beginning on page 4. limited civil case is a civil case in which the amount The court the petitioner is asking to be ordered to do or claimed is $35,000 or less (see California Code of Civil not to do something is called the RESPONDENT. In Procedure sections 85 and 88). Misdemeanor cases are appellate division writ proceedings, the trial court is the cases in which a person has been charged with or respondent. convicted of a crime for which the punishment can Any other party in the trial court case who would beinclude jail time of up to one year but not time in state affected by a ruling regarding the request for a writ is aprison (see California Penal Code sections 17 and 19.2). REAL PARTY IN INTEREST. If you are a real party in(If the person was also charged with or convicted of a interest, you should read “Information for a Real Party infelony in the same case, it is considered a felony case, Interest,” beginning on page 10.not a misdemeanor case.) Infraction cases are cases in which a person has been charged with or convicted of a 9 Do I need a lawyer to represent me in crime for which the punishment can be a fine, traffic a writ proceeding? school, or some form of community service but cannot You do not have to have a lawyer; you are allowed toinclude any time in jail or prison (see California Penal represent yourself in a writ proceeding in the appellateCode sections 17 and 19.8). Examples of infractions

a writ proceeding? school, or some form of community service but cannot You do not have to have a lawyer; you are allowed toinclude any time in jail or prison (see California Penal represent yourself in a writ proceeding in the appellateCode sections 17 and 19.8). Examples of infractions division. But writ proceedings can be very complicatedinclude traffic tickets or citations for violations of some

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 3 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

and you will have to follow the same rules that lawyers remedy at law, and what order you are requesting the have to follow. If you have any questions about the writ appellate division to make. procedures, you should talk to a lawyer. In limited civil cases and infraction cases, you must hire a lawyer at 12 How do I prepare for a writ petition? your own expense if you want one (the court cannot provide one). You can get information about finding a If you are represented by a lawyer, your lawyer will lawyer on the California Courts Online Self-Help Center prepare your petition for a writ. If you are not at www.courts.ca.gov/selfhelp-lowcosthelp.htm. represented by a lawyer, you must use Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) (form APP-151) to prepare your petition. You can get form APP-151 at any courthouse or county law library or INFORMATION FOR THE PETITIONER online at www.courts.ca.gov/forms. This form asks you to fill in the information that needs to be in a writ This part of the information sheet is written for the petition. petitioner—the party asking for the writ. It explains some of the rules and procedures relating to asking for a a. Description of your interest in the trial writ. The information may also be helpful to a real party court's ruling in interest. There is more information for a real party in Your petition needs to tell the appellate division why interest starting on page 10 of this information sheet. you have a right to ask for a writ in the case. As discussed above, usually only a person who was a party 10 Who can ask for a writ? in the trial court case—the plaintiff or defendant in a civil case or the defendant or prosecuting agency in aOnly a party in the trial court proceeding—the plaintiff misdemeanor or infraction case—asks for a writor defendant in a civil case or the defendant or challenging a ruling in that case. If you were a party inprosecuting agency in a misdemeanor or infraction the trial court case, say that in your petition. If you werecase—can ask for a writ challenging a ruling on a not a party, you will need to describe what “beneficialmotion to disqualify a judge (see California Code of interest” you have in the trial court’s ruling. ACivil Procedure section 170.3(d)). Parties are also “beneficial interest” means that you have a specific rightusually the only ones that ask for writs challenging other or interest affected by the ruling that goes beyond thekinds of trial court rulings. However, in most cases, a general rights or interests the public may have in theperson who was not a party does have the legal right to ruling. To show the appellate division that you have aask for a writ if that person has a “beneficial interest” in beneficial interest in the ruling you want to challenge,the trial court’s ruling. A “beneficial interest” means that you must describe how the ruling will affect you in athe person has a specific right or interest affected by the direct and negative way.ruling that goes beyond the general rights or interests the public may have in the ruling. b. Description of the legal error you believe the trial court made 11 How do I ask for a writ? Your petition will need to tell the appellate division what To ask for a writ you must serve and file a petition for a legal error you believe the trial court made. Not every writ (see below for an explanation of how to “serve and mistake a trial court might make can be addressed by a file” a petition). A petition is a formal request that the writ. You must show that the trial court made one of the appellate division issue a writ. A petition for a writ following types of legal errors: explains to the appellate division what happened in the The trial court has a legal duty to act but: trial court, what legal error you (the petitioner) believe Refuses to act;the trial court made, why you have no other adequate Has not done what the law says it must do; or

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 4 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

Has acted in a way the law says it does not have can be appealed, either immediately or as part of an the power to act. appeal of the final judgment. The trial court has performed or says it is going to Here are some trial court rulings that can be appealed. perform a judicial function (like deciding a person’s There are laws (statutes) that say that certain kinds of rights under law in a particular case) in a way that trial court rulings (“orders”) can be appealed the court does not have the legal power to do. immediately. In limited civil cases, California Code of To show the appellate division that the trial court made Civil Procedure section 904.2 lists orders that can be one of these legal errors, you will need to: appealed immediately, including orders: Changing or refusing to change the place of trial Show that the trial court has the legal duty or the (venue) power to act or not act in a particular way. You will need to tell the appellate division what legal Granting a motion to quash service of summons authority–what constitutional provision, statute, Granting a motion to stay or dismiss the action on rule, or published court decision–establishes the the ground of inconvenient forum trial court’s legal duty or power to act or not act in that way. Granting a new trial Show the appellate division that the trial court has Denying a motion for judgment notwithstanding the not acted in the way that this legal authority says the verdict court is required to act. You will need to tell the Granting or dissolving an injunction or refusing to appellate division exactly where in the record of grant or dissolve an injunction what happened in the trial court it shows that the Appointing a receiver trial court did not act in the way it was required to. Made after final judgment in the casec. Description of why you need the writ In misdemeanor and infraction cases, orders made afterOne of the most important parts of your petition is the final judgment that affect the substantial rights of theexplaining to the appellate division why you need the defendant can be appealed immediately (Californiawrit you have requested. Remember, the appellate Penal Code section 1466).division does not have to grant your petition just because the trial court made an error. You must convince the In misdemeanor cases, orders granting or denying a appellate division that it is important for it to issue the motion to suppress evidence can also be appealed writ. immediately (California Penal Code section 1538.5(j)). You can get copies of these statutes at any county lawYour petition needs to show that a writ is the only way library or online at leginfo.legislature.ca.gov/facesto fix the trial court’s error. To convince the court you /codes.xhtml. You should also check to see if there areneed the writ, you will need to show the appellate published court decisions that indicate whether you candivision that you have no way to fix the trial court’s or must use an appeal or a writ petition to challenge theerror other than through a writ (this is called having “no type of ruling you want to challenge in your case.adequate remedy at law”). If the ruling can be appealed, you will need to show This will be hard if the trial court’s ruling can be that an appeal will not fix the trial court’s error. If the appealed. If the ruling you are challenging can be trial court ruling you want to challenge can be appealed, appealed, either immediately or as part of an appeal of you will need to show the appellate division why that the final judgment in your case, the appellate division appeal is not good enough to fix the trial court’s error. will generally consider this appeal to be a good enough To do that, you will need to show the appellate division way to fix the trial court’s ruling (an “adequate how you will be harmed by the trial court’s error in a remedy”). To be able to explain to the appellate division way that cannot be fixed by the appeal if the appellate why you do not have an a

To do that, you will need to show the appellate division

way to fix the trial court’s ruling (an “adequate how you will be harmed by the trial court’s error in a remedy”). To be able to explain to the appellate division way that cannot be fixed by the appeal if the appellate why you do not have an adequate remedy at law, you division does not issue the writ (this is called will need to find out if the ruling you want to challenge “irreparable” injury or harm). For example, because of

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 5 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

the time it takes for an appeal, the harm you want to A record of what was said in the trial court about the prevent may happen before an appeal can be finished. ruling that you are challenging (this is called the “oral proceedings”) andd. Description of the order you want the appellate division to make Copies of certain important documents from the trial court. Your petition needs to describe what you are asking the Read below for more information about these two partsappellate division to order the trial court to do or not do. of the supporting documents.Writ petitions usually ask that the trial court be ordered to cancel (“vacate”) its ruling, issue a new ruling, or not Record of the oral proceedings. There are several ways take any steps to enforce its ruling. a record of what was said in the trial court may be provided to the appellate division:If you want the appellate division to order the trial court not to do anything more until the appellate division A transcript—A transcript is a written record (often decides whether to grant the writ you are requesting, you called the “verbatim” record) of the oral proceedings must ask for a “stay.” If you want a stay, you should first in the trial court. If a court reporter was in the trial ask the trial court for a stay. You should tell the court and made a record of the oral proceedings, you appellate division whether you asked the trial court for a can have the court reporter prepare a transcript of stay. If you did not ask the trial court for a stay, you those oral proceedings, called a “reporter’s should tell the appellate division why you did not do transcript,” for the appellate division. If a reporter this. was not there, but the oral proceedings were officially recorded on approved electronic recordingIf you ask the appellate division for a stay, make sure equipment, you can have a transcript prepared foryou also fill out the “Stay requested” box on the first the appellate division from the official electronicpage of the Petition for Writ (Misdemeanor, Infraction, recording of these proceedings. You (the petitioner)or Limited Civil Case) (form APP-151). must pay for preparing a transcript, unless the court e. Verifying the petition orders otherwise. Petitions for writs must be “verified.” This means that A copy of an electronic recording—If the oral either the petitioner or the petitioner’s attorney must proceedings were officially recorded on approved declare under penalty of perjury that the facts stated in electronic recording equipment, the court has a local the petition are true and correct, must sign the petition, rule for the appellate division permitting this and must indicate the date that the petition was signed. recording to be used as the record of the oral On the last page of the Petition for Writ (Misdemeanor, proceedings, and all the parties agree (“stipulate”), a Infraction, or Limited Civil Case) (form APP-151), there copy of the official electronic recording itself can be is a place for you to verify your petition. used as the record of the oral proceedings instead of a transcript. You (the petitioner) must pay for 13 Is there anything else that I need to preparing a copy of the official electronic recording, unless the court orders otherwise. serve and file with my petition? A summary—If a transcript or official electronicYes. Along with the petition, you must serve and file a recording of what was said in the trial court is notrecord of what happened in the trial court (see below for available, your petition must include a declaration (aan explanation of how to serve and file the petition). statement signed by the petitioner under penalty ofSince the appellate division judges were not there in the perjury) either:trial court, a record of what happened must be sent to the appellate division for its review. The materials that make Explaining why the transcript or official up this record are called “supporting documents.” electronic recording is not available and providing a fair summary of the proceedings, What needs to be in the supporting documents. The including the petitioner’s arguments and any supporting documents must include: statement by the court supporting its ruling; or

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 6 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

Stating that the transcript or electronic Statutory Writ Filing Deadline recording has been ordered, the date it was ordered, and the date it is expected to be filed. Writ challenging a ruling on a 10 days after notice Copies of documents from the trial court. Copies of the motion to disqualify a judge to the parties of the following documents from the trial court must also be (see California Code of Civil decision included in the supporting documents: Procedure section 170.3(d)) The trial court ruling being challenged in the petition Writ challenging the denial of 20 days after service All documents and exhibits submitted to the trial a motion for summary of written notice of court supporting and opposing the petitioner’s judgment (see California entry of the order position Code of Civil Procedure Any other documents or portions of documents section 437c(m)(l)) submitted to the trial court that are necessary for a complete understanding of the case and of the ruling Writ challenging a ruling on a 20 days after service being challenged motion for summary of written notice of adjudication of issues (see entry of the order What if I cannot get copies of the documents from the California Code of Civil trial court because of an emergency? Rule 8.931 of the Procedure section 437c(m)(l)) California Rules of Court provides that in extraordinary circumstances the petition may be filed without copies of For common law writs or statutory writs where the the documents from the trial court. If the petition is filed statute does not set a deadline, you should file the without these documents, you must explain in your petition as soon as possible and not later than 30 days petition the urgency and the circumstances making the after the court makes the ruling that you are challenging documents available. in the petition. While there is no absolute deadline for filing these petitions, writ petitions are usually usedFormat of the supporting documents. Supporting when it is urgent that the trial court’s error be fixed.documents must be put in the format required by rule Remember, the court is not required to grant your8.931 of the California Rules of Court. Among other petition even if the trial court made an error. If you delaythings, there must be a tab for each document and an in filing your petition, it may make the appellate divisionindex listing the documents that are included. You think that it is not really urgent that the trial court’s errorshould carefully read rule 8.931. You can get a copy of be fixed and the appellate division may deny yourrule 8.931 at any courthouse or county law library or petition. If there are extraordinary circumstances thatonline at www.courts.ca.gov/rules. delayed the filing of your petition, you should explain these circumstances to the appellate division in your 14 Is there a deadline to ask for a writ? petition. Yes. For statutory writs, the statute usually sets the 15 How do I “serve” my petition? deadline for serving and filing the petition. Here is a list Rule 8.931(d) requires that the petition and one set ofof the deadlines for filing petitions for some of the most supporting documents be served on any named real partycommon statutory writs (you can get copies of these in interest and that just the petition be served on thestatutes at any county law library or online at respondent trial court. “Serving” a petition on a partyleginfo.legislature.ca.gov/faces/codes.xhtml). means that you must: Have somebody over 18 years old mail, deliver, or electronically send (“serve”) the petition to the real party in interest and the respondent court in the way required by law. If the petition is mailed or

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 7 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

personally delivered, it must be by someone who is either before you file your petition or with your petition. not a party to the case—so not you. The court will review this application and decide whether to waive the filing fee. Make a record that the petition has been served. This record is called a “proof of service.” Proof of 18 What happens after I file my petition? Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) Within 10 days after you serve and file your petition, the (form APP-109E) can be used to make this record. respondent or any real party in interest can serve and file The proof of service must show who served the preliminary opposition to the petition. Within 10 days petition, who was served with the petition, how the after an opposition is filed, you may serve and file a petition was served (by mail, in person, or reply to that opposition. electronically), and the date the petition was served. The appellate division does not have to wait for an You can get more information about how to serve court opposition or reply before it can act on a petition for a documents and proof of service from What Is Proof of writ, however. Without waiting, the appellate division Service? (form APP-109-INFO) and on the California can: Courts Online Self-Help Center at a. Issue a stay www.courts.ca.gov/selfhelp-serving.htm. b. Summarily deny the petition 16 How do I file my petition? c. Issue an alternative writ or order to show cause d. Notify the parties that it is considering issuing aTo file a petition for a writ in the appellate division, you preemptory writ in the first instancemust bring or mail the original petition, including the supporting documents, and the proof of service to the e. Issue a peremptory writ in the first instance if such clerk for the appellate division of the superior court that relief was expressly requested in the petition. made the ruling you are challenging. If the superior court Read below for more information about these options. has more than one courthouse location, you should call the clerk at the courthouse where the ruling you are a. Stay of trial court proceedings challenging was made to ask where to file your petition. A stay is an order from the appellate division telling the You should make a copy of all the documents you are trial court not to do anything more until the appellate planning to file for your own records before you file division decides whether to grant your petition. A stay them with the court. It is a good idea to bring or mail an puts the trial court proceedings on temporary hold. extra copy of the petition to the clerk when you file your original and ask the clerk to stamp this copy to show that b. Summary denial the original has been filed. A “summary denial” means that the appellate division denies the petition without deciding whether the trial 17 Do I have to pay to file a petition? court made the legal error claimed by the petitioner or There is no fee to file a petition for a writ in a whether the writ requested by the petitioner should be misdemeanor or infraction case, but there is a fee to file issued based on that error. Remember, even if the trial a petition for a writ in a limited civil case. You should court made a legal error, the appellate division can ask the clerk for the appellate division where you are decide not to consider that error now but to wait and filing the petition what this fee is. If you cannot afford to consider the error as part of any appeal from the final pay this filing fee, you can ask the court to waive this judgment. No reasons need to be given for a summary fee. To do this, you must fill out a Request to Waive denial. Most petitions for writs are denied in this way. Court Fees (form FW-001). You can get form FW-001 at any courthouse or county law library or online at www.courts.ca.gov/forms. You can file this application

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 8 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

c. Alternative writ or order to show cause unless the respondent and real parties in interest have An “alternative writ” is an order telling the trial court received notice that the court might do so, either through either to do what the petitioner has requested in the the petitioner expressly asking for such relief in the petition (or some modified form of what the petitioner petition, or by the court first notifying the parties and requested) or to show the appellate division why the trial giving the respondent court and any real party in interest court should not be ordered to do what the petitioner a chance to file an opposition. requested. An “order to show cause” is similar; it is an The respondent court or a real party in interest can file a order telling the trial court to show the appellate division response to the appellate division’s notice (called an why the trial court should not be ordered to do what the “opposition”) that explains why the trial court should not petitioner requested in the petition (or some modified be ordered to do what the petitioner has requested. The form of what the petitioner requested). The appellate opposition must be served and filed within the time division will issue an alternative writ or an order to show specified by the appellate division or, if no time is cause only if the petitioner has shown that the petitioner specified, within 30 days from the date the notice was has no adequate remedy at law and the appellate division issued. The petitioner will then have a chance to serve has decided that the petitioner may have shown that the and file a reply within 15 days after the opposition is trial court made a legal error that needs to be fixed. filed. The appellate division may then set the matter for If the appellate division issues an alternative writ and the oral argument. When all the papers have been served and trial court does what the petitioner requested (or a filed (or the time to serve and file them has passed) and modified form of what the petitioner requested as oral argument is completed, the appellate division will ordered by the appellate division), then no further action decide the case. by the appellate division is needed and the appellate division may dismiss the petition. 19 What should I do if the court denies If the trial court does not comply with an alternative my petition? writ, however, or if the appellate division issues an order If the court denies your petition, it may be helpful to talk to show cause, then the respondent court or a real party to a lawyer. In a limited civil or infraction case, you in interest can file a response to the appellate division’s must hire a lawyer at your own expense if you want one order (called a “return”) that explains why the trial court (the court cannot provide one). You can get information should not be ordered to do what the petitioner about finding an attorney on the California Courts requested. The return must be served and filed within the Online Self-Help Center at www.courts.ca.gov time specified by the appellate division or, if no time is /selfhelp-lowcosthelp.htm. specified, within 30 days from the date the alternative writ or order to show cause was issued. The petitioner will then have an opportunity to serve and file a reply INFORMATION FOR A REAL PARTY within 15 days after the return is filed. The appellate IN INTEREST division may set the matter for oral argument. When all the papers have been served and filed (or the time to This part of the information sheet is written for a realserve and file them has passed) and oral argument is party in interest—a party from the trial court case othercompleted, the appellate division will decide the case. than the petitioner who will be affected by a ruling on a d. Peremptory writ in the first instance petition for a writ. It explains some of the rules and A “peremptory writ in the first instance” is an order procedures relating to responding to a petition for a writ. telling the trial court to do what the petitioner has The information may also be helpful to the petitioner. requested (or some modified form of what the petitioner requested) that is issued without the appellate division first issuing an alternative writ or order to show cause. It is very rare for the appellate division to issue a peremptory writ in the first instance, and it will not do so

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 9 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases 20 I have received a copy of a petition for need to be fixed. However, the appellate division will a writ in a case in which I am a party. seldom grant a writ without first issuing an alternative Do I need to do anything? writ, an order to show cause, or a notice that it is considering issuing a peremptory writ. In all these You do not have to do anything. The California Rules of circumstances, you will get notice from the court and Court give you the right to file a preliminary opposition have a chance to file a response. Note that the appellate to a petition for a writ within 10 days after the petition is division may issue a peremptory writ without notice if served and filed, but you are not required to do this. The the petitioner expressly asked the court, in the petition, appellate division can take certain actions without to issue a peremptory writ in the first instance. If the waiting for any opposition, including: petitioner did that, you may want to consider whether to Summarily denying the petition; file a preliminary opposition, to explain why you believe the small claims court made no legal error and why the Issuing an alternative writ or order to show cause; petitioner is not entitled to a writ. Notifying the parties that it is considering issuing a If you decide to file a preliminary opposition, you must peremptory writ in the first instance; or serve that preliminary opposition on all the other parties Issuing a peremptory writ in the first instance if such to the writ proceeding. “Serving and filing” an relief was expressly requested in the petition. opposition means that you must: Read the response to question 18 for more information Have somebody over 18 years old mail, deliver, or about these options. electronically send (“serve”) the preliminary opposition to the other parties in the way required byMost petitions for writs are summarily denied, often law. If the preliminary opposition is mailed orwithin a few days after they are filed. If you have not personally delivered, it must be by someone who isalready received something from the appellate division not a party to the case—so not you.saying what action it is taking on the petition, it is a good idea to call the appellate division to see if the Make a record that the preliminary opposition has petition has been denied before you decide whether and been served. This record is called a “proof of how to respond. service.” Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (AppellateThis would be a good time to talk to a lawyer. You do Division) (form APP-109E) can be used to make thisnot have to have a lawyer; you are allowed to represent record. The proof of service must show who servedyourself in a writ proceeding in the appellate division. the preliminary opposition, who was served with theBut writ proceedings can be very complicated and you preliminary opposition, how the preliminarywill have to follow the same rules that lawyers have to opposition was served (by mail, in person, orfollow. If you have any questions about writ proceedings electronically), and the date the preliminaryor about whether and how you should respond to a writ opposition was served.petition, you should talk to a lawyer. In a limited civil case or infraction case, you must hire a lawyer at your File the original preliminary opposition and the own expense if you want one (the court cannot provide proof of service with the appellate division. You one). You can get information about finding an attorney should make a copy of the preliminary opposition on the California Courts Online Self-Help Center at for your own records before you file it with the www.courts.ca.gov/selfhelp-lowcosthelp.htm. court. It is a good idea to bring or mail an extra copy of the preliminary opposition to the clerk when youIf the petition has not already been summarily denied, file your original and ask the clerk to stamp thisyou may, but are not required to, serve and file a

idea to bring or mail an extra copy of the preliminary opposition to the clerk when youIf the petition has not already been summarily denied, file your original and ask the clerk to stamp thisyou may, but are not required to, serve and file a copy to show that the original has been filed.preliminary opposition to the petition within 10 days after the petition was served and filed. In general, it is a You can get more information about how to serve court good idea to consider filing a preliminary opposition if documents and proof of service from What Is Proof of the petition misstates the facts or if you think the petition Service? (form APP-109-INFO) and on the California shows that the trial court made a legal error that may

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 10 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

Courts Online Self-Help Center at should read California Code of Civil Procedure sections www.courts.ca.gov/selfhelp-serving.htm. 430.10–430.80 for more information about answers. You can get copies of these statutes at any county law library 21 I have received a copy of an alternative or online at leginfo.legislature.ca.gov/faces/codes.xhtml. writ or an order to show cause issued A return can also include additional supporting by the appellate division. Do I need to documents not already filed by the petitioner. do anything? If you do not file a return when the appellate division Yes. Unless the trial court has already done what the issues an alternative writ or order to show cause, it does alternative writ told it to do, you should serve and file a not mean that the appellate division is required to issue response called a “return.” the writ requested by the petitioner. However, the As explained above, the appellate division will issue an appellate division will treat the facts stated by the alternative writ or an order to show cause if the appellate petitioner in the petition as true, which makes it more division has decided that the petitioner may have shown likely the appellate division will issue the requested writ. that the trial court made a legal error that needs to be Unless the appellate division sets a different filing fixed. An “alternative writ” is an order telling the trial deadline in its alternative writ or order to show cause, court either to do what the petitioner has requested in the you must serve and file your return within 30 days after petition (or some modified form of what the petitioner the appellate division issues the alternative writ or order requested) or to show the appellate division why the trial to show cause. The return must be served on all the other court should not be ordered to do what the petitioner parties to the writ proceeding. “Serving and filing” the requested. An “order to show cause” is similar; it is an return means that you must: order telling the trial court to show the appellate division Have somebody over 18 years old mail, deliver, orwhy the trial court should not be ordered to do what the electronically send (“serve”) the return to the otherpetitioner requested in the petition (or some modified parties in the way required by law. If the return isform of what the petitioner requested). mailed or personally delivered, it must be by If the appellate division issues an alternative writ and the someone who is not a party to the case—so not you. trial court does what the petitioner requested (or a Make a record that the return has been served. This modified form of what the petitioner requested as record is called a “proof of service.” Proof of Service ordered by the appellate division), then no further action (Appellate Division) (form APP-109) or Proof of by the appellate division is needed and the appellate Electronic Service (Appellate Division) (form APP- division may dismiss the petition. If the trial court does 109E) can be used to make this record. The proof of not comply with an alternative writ, however, or if the service must show who served the return, who was appellate division issues an order to show cause, then the served with the return, how the return was served respondent court or the real party in interest may serve (by mail, in person, or electronically), and the date and file a response to the appellate division’s order, the return was served.called a “return.” File the original return and the proof of service withA return is your argument to the appellate division about the appellate division. You should make a copy ofwhy the trial court should not be ordered to do what the the return you are planning to file for your ownpetitioner has requested. If you are represented by a records before you file it with the court. It is a goodlawyer in the writ proceeding, your lawyer will prepare idea to bring or mail an extra copy of the return toyour return. If you are not represented by a lawyer, you the clerk when you file your original and ask thewill need to prepare your own return. A return is usually clerk to stamp this copy to show that the original hasa legal response called an “answer.” An answer is used been filed.to admit or deny the facts alleged in the petition, to add to or correct the facts, and to explain any legal defenses

pare your own return. A return is usually clerk to stamp this copy to show that the original hasa legal response called an “answer.” An answer is used been filed.to admit or deny the facts alleged in the petition, to add to or correct the facts, and to explain any legal defenses You can get more information about how to serve court to the legal arguments made by the petitioner. You documents and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 11 of 12 Misdemeanor, Infraction, and Limited Civil Cases

Information on Writ Proceedings in Misdemeanor,APP-150-INFO Infraction, and Limited Civil Cases

Courts Online Self-Help Center at other parties in the way required by law. If the www.courts.ca.gov/selfhelp-serving.htm. opposition is mailed or personally delivered, it must be by someone who is not a party to the case—so22 I have received a copy of a notice from not you. the appellate division indicating it is considering issuing a peremptory writ Make a record that the opposition has been served. in the first instance. Do I need to do This record is called a “proof of service.” Proof of anything? Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) Yes. You should serve and file a response called an (form APP-109E) can be used to make this record. “opposition.” The proof of service must show who served the As explained in the answer to question 18 , a “peremp- opposition, who was served with the opposition, tory writ in the first instance” is an order telling the trial how the opposition was served (by mail, in person, court to do what the petitioner has requested (or some or electronically), and the date the opposition was form of what the petitioner requested as ordered by the served. appellate division) that is issued without the appellate File the original opposition and the proof of servicedivision first issuing an alternative writ or order to show with the appellate division. You should make a copycause. The appellate division will not issue a peremptory of the opposition you are planning to file for yourwrit in the first instance without first giving the parties own records before you file it with the court. It is anotice and a chance to file an opposition. However, good idea to bring or mail an extra copy of thewhen the appellate division issues such a notice, it opposition to the clerk when you file your original,means that the appellate division is strongly considering and ask the clerk to stamp this copy to show that thegranting the writ requested by the petitioner. original has been filed. An opposition is your argument to the appellate division You can get more information about how to serve courtabout why the trial court should not be ordered to do documents and proof of service from What Is Proof ofwhat the petitioner has requested. If you are represented Service? (form APP-109-INFO) and on the Californiaby a lawyer in the writ proceeding, your lawyer will Courts Online Self-Help Center atprepare your opposition. If you are not represented by a www.courts.ca.gov/selfhelp-serving.htm.lawyer, you will need to prepare your own opposition. Like a return discussed above, an opposition is usually a What happens after I serve and file mylegal response called an “answer.” An answer is used to 23 admit or deny the facts alleged in the petition, to add to return or opposition? or correct the facts, and to explain any legal defenses to After you file a return or opposition, the petitioner has the legal arguments made by the petitioner. You should 15 days to serve and file a reply. The appellate division read California Code of Civil Procedure sections may also set the matter for oral argument. When all the 430.10–430.80 for more information about answers. You papers have been filed (or the time to file them has can get copies of these statutes at any county law library passed) and oral argument is completed, the appellate or online at leginfo.legislature.ca.gov/faces/codes.xhtml. division will decide the case. Unless the appellate division sets a different deadline in its notice that it is considering issuing a peremptory writ, you must serve and file your opposition within 30 days after the appellate division issues the notice. The opposition must be served on all the other parties to the writ proceeding. “Serving and filing” the opposition means that you must: Have somebody over 18 years old mail, deliver, or electronically send (“serve”) the opposition to the

Rev. January 1, 2024, Optional Form Information on Writ Proceedings in APP-150-INFO, Page 12 of 12 Misdemeanor, Infraction, and Limited Civil Cases Print this form Save this form