Orange — Petition for Writ (Small Claims)

Source: https://www.occourts.org/system/files/shc-app-09.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

PETITION FOR WRIT (SMALL CLAIMS)

SELF-HELP FORM PACKET

SHC-APP-09 (Rev. 07/21/2021)

www.occourts.org/self-help

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

For information about requests for writs relating to GENERAL INFORMATION postjudgment enforcement actions, see rules 8.930– 8.936 of the California Rules of Court and 1 What does this information sheet cover? Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases (form APP-150- This information sheet tells you about writ INFO). Matters relating to enforcement of small proceedings—proceedings in which a person is asking claims judgments are treated in the same manner as for a writ of mandate, prohibition, or review—in small enforcement of judgments in limited (smaller) civil claims cases. Please read this information sheet before cases. you fill out Petition for Writ (Small Claims) (form SC- 300). This information sheet does not cover everything For information about requests for writs relating to you may need to know about writ proceedings. It is only actions of the superior court on small claims appeals, meant to give you a general idea of the writ process. To see rules 8.485–8.493 of the California Rules of learn more, you should read the California Rules of Court. Those requests should be made to the Court Court identified below, which set out the procedures for of Appeal. writ proceedings in the different courts that consider request for writs in small claims cases. You can get these rules and forms at any courthouse or county law library or online at www.courts.ca.gov/rules This information sheet does NOT provide information for the rules or www.courts.ca.gov/forms for the forms. about motions to vacate a judgment or appeals in small You can get copies of statutes at any county law library claims cases, or about requests for writs on all types of or online leginfo.legislature.ca.gov/faces/codes.xhtml. rulings in a small claims case. For information about making a motion to cancel or 2 What is a writ? correct a judgment in small claims court, please see A writ is an order from a higher court telling a lower Code of Civil Procedure sections 116.720–116.745 court to do something the law says the lower court must and Notice of Motion to Vacate Judgment and do, or not to do something the law says the lower court Declaration (form SC-135). does not have the power to do. In writ proceedings in the appellate division, the lower court is the small claims For information about appealing a small claims court that took the action or issued the order being judgment, which you can only do if you disagree challenged. with a judgment ordering you to pay money, please see Code of Civil Procedure sections 116.710, In this information sheet, we call the lower court the 116.750–116.795, rules 8.950–8.966 of the “small claims court.” California Rules of Court and What to Do After the Court Decides Your Small Claims Case (form SC- 200-INFO). 3 Are there different kinds of writs?

Yes. There are three main kinds of writs:While this information sheet provides general

information about writs and writ procedures, the Writs of mandate (sometimes called “mandamus”), procedures it describes do NOT apply to writs in all which are orders telling the small claims court to do small claims cases. These procedures only apply to something. requests for writs relating to actions of the small claims court other than postjudgment enforcement actions. Writs of prohibition, which are orders telling the These requests will be considered by a single judge from small claims court not to do something. the appellate division of the superior court. The procedures are set out in more detail in rules 8.970– Writs of review (sometimes called “certiorari”), 8.977 of the California Rules of Court. which are orders telling the small claims court that a judge in the appellate division will review certain

---

Judicial Council of California, www.courts.ca.gov Information on Writ Proceedings in SC-300-INFO, Page 1 of 11 New January 1, 2016, Optional Form California Rules of Court, rules 8.970—8.977 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

kinds of actions already taken by the small claims small claims court’s ruling is correct; the person who court. requests the writ must show the appellate division judge that the small claims court made the legal error the There are laws (statutes) that you should read concerning person is claiming. each type of writ: see California Code of Civil Procedure sections 1084–1097 about writs of mandate, sections 6 Can a writ be used to address any 1102–1105 about writs of prohibition, and sections errors made by a small claims court? 1067–1077 about writs of review. No. 4 Is a writ proceeding the same as an appeal? Writs are not generally granted regarding small claims cases. The small claims courts exists to provide a speedy No. Generally, in an appeal, the higher court must and inexpensive way for a party to obtain a judgment. consider the parties’ arguments and decide whether the This works in part by limiting what a party can do after trial court made the legal error claimed by the appealing the small claims court makes its rulings. party and whether the trial court’s decision should be overturned based on that error (this is called a “decision When a person or business chooses to make a claim in on the merits”). In choosing to go to small claims court, small claims court, rather than filing in a different level the party filing a claim agreed to give up the right to an of the superior court, that party—the plaintiff—gives up appeal in exchange for a less formal and less expensive the right to ask for an appeal of the small claims court’s way of proceeding. The defendant in a small claim case rulings. This is a trade-off for the faster, less formal, and does have the right to an appeal, in the form of a new less expensive court proceedings. As a result, appellate trial, and if the defendant asks for one, the higher court courts have been reluctant to consider requests for writs must allow a new trial on all the claims in the case, with in small claims cases. each side presenting evidence. A defendant in a small claims case does have the right to In a writ proceeding, the appellate division judge is not appeal the initial small claims court decisions and get a required to make a decision on the merits or hold a new new trial in the superior court. Because the defendant trial. Even if the small claims court made a legal error, already has this right to have the case heard again, the appellate division judge can decide not to consider including putting on the evidence and being represented that error, and usually will not. Most requests for writs by an attorney if defendant wants to hire one, appellate are denied without a decision on the merits (this is called courts are unlikely to see any need for a writ instead. a “summary denial”). Because of this, a writ proceeding is often called a proceeding for “extraordinary” relief, However, the appellate division judge does have the while a judgment by the small claims court, or possibly a discretion to consider a request for an extraordinary writ new trial at superior court for the defendant, is the challenging a ruling in a small claims case. For example, ordinary way that small claims court cases end. the judge may do so if he or she considers the issue raised to be of statewide importance, or in order to make 5 Is a writ proceeding a new trial? sure that the small claims division is generally being consistent in how it is acting under the law. Not every No. A writ proceeding is NOT a new trial. The legal or factual error made by a small claims judge will appellate division judge will not consider new evidence, form a ground for the granting of a writ. such as the testimony of new witnesses. Instead, if he or she does not summarily deny the request for a writ, the Writs can only address certain legal errors. Writs can appellate division judge reviews what happened in the only address the following types of legal errors made by small claims court and the small claims court’s ruling to a small claims court: see if the small claims court made the legal error claimed The small claims court has a legal duty to act but: by the person asking for the writ. In conducting this o Refuses to act review, the appellate division judge presumes that the o Has not done what the law says it must do

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 2 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

o Has acted in a way the law says it does not have party in interest, you should read “Information for a Real the power to act Party in Interest,” beginning on page 8.

The small claims court has performed or says it is 9 Do I need a lawyer to represent me in going to perform a judicial function (like deciding a a writ proceeding? person’s rights under law in a particular case) in a way that the court does not have the legal power to You do not have to have a lawyer; you are allowed to do. represent yourself in a writ proceeding in the appellate division. But writ proceedings can be very complicated 7 Can the appellate division consider a and you will have to follow the same rules that lawyers request for a writ in any small claims have to follow. If you have any questions about the writ case? procedures, you should talk to a lawyer. In limited civil cases and infraction cases, you must hire a lawyer at No. Different courts have the power (called your own expense if you want one (the court cannot “jurisdiction”) to consider requests for writs in different provide one). You can get information about finding a types of cases. Requests for writs in small claims cases lawyer on the California Courts Online Self-Help Center may be considered in one of three different ways, at www.courts.ca.gov/selfhelp-lowcosthelp.htm. You depending on the stage of the case: may also get help from the small claims advisors in your county if available. Ask the court how to contact them or Requests for writs relating to actions of the look for contact information at www.courts.ca.gov small claims division other than postjudgment /selfhelp-advisors.htm. enforcement orders are considered by a single judge in the appellate division. This covers requests for writs on any rulings relating to the INFORMATION FOR THE PETITIONER initial small claims trial, including the judgment.

This part of the information sheet is written for the Requests for writs relating to superior court
petitioner—the party asking for the writ. It explains actions in small claims cases on appeal are not
some of the rules and procedures relating to asking for a considered by the appellate division, but by the
writ. The information may also be helpful to a real party Court of Appeal.
in interest. There is more information for a real party in
interest starting on page 8 of this information sheet. Requests for writs relating to the enforcement of
a judgment in a small claims case, whether the
judgment was issued at the small claims hearing 10 Who can ask for a writ?
or at a new trial in the superior court, are
Parties—the plaintiff or defendant— are usually the only considered by the appellate division.
ones that ask for writs challenging small claims court
rulings. However, in most cases, a person who was not a 8 Who are the parties in a writ proceeding?
party does have the legal right to ask for a writ if that
person has a “beneficial interest” in the small claimsIf you are asking for the writ, you are called the
court’s ruling. A “beneficial interest” means that thePETITIONER. You should read “Information for the
person has a specific right or interest affected by thePetitioner,” beginning on the right side of this page.
ruling that goes beyond the general rights or interests the
public may have in the ruling.The court the petitioner is asking to be ordered to do or

not to do something is called the RESPONDENT. In writ proceedings challenging rulings in small claims 11 How do I ask for a writ? cases, the small claims court is the respondent. To ask for a writ you must serve and file a petition for aAny other party in the small claims court case who writ (see below for an explanation of how to “serve andwould be affected by a ruling regarding the request for a file” a petition). A petition is a formal request that thewrit is a REAL PARTY IN INTEREST. If you are a real

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 3 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

appellate division issue a writ. A petition for a writ o Has acted in a way the law says it does not have explains to the appellate division what happened in the the power to act small claims court, what legal error you (the petitioner) believe the small claims court made, why you have no The small claims court has performed or says it is other adequate remedy at law, and what order you are going to perform a judicial function (like deciding a requesting the appellate division to make. person’s rights under law in a particular case) in a way that the court does not have the legal power to 12 do. How do I prepare a writ petition?

To show the appellate division judge that the small

If you are represented by a lawyer, your lawyer will claims court made one of these legal errors, you will prepare your petition for a writ. If you are not need to: represented by a lawyer, you must use Petition for Writ (Small Claims) (form SC-300) to prepare your petition. Show that the small claims court has the legal duty You can get it at any courthouse or county law library or or the power to act or not act in a particular way. online at www.courts.ca.gov/forms. This form asks you You will need to tell the appellate division judge to fill in the information that needs to be in a writ what legal authority—what constitutional provision, petition. statute, rule, or published court decision— establishes the small claims court’s legal duty or a. Description of your interest in the small power to act or not act in that way. claims court’s ruling Show the appellate division judge that the small Your petition needs to tell the appellate division judge claims court has not acted in the way that this legal why you have a right to ask for a writ in the case. As authority says the court is required to act. You will discussed above, usually only a person who was a party need to tell the appellate division judge what in the small claims court case asks for a writ challenging happened in the small claims court that shows that a ruling in that case. If you were a party in the small the small claims court did not act in the way it was claims court case, say that in your petition. If you were required to. If the petition raises an issue that would not a party, you will need to describe what “beneficial require the appellate division judge to consider what interest” you have in the small claims court’s ruling. A was said in the small claims court, you will need to “beneficial interest” means that you have a specific right write a complete and accurate summary of what was or interest affected by the ruling that goes beyond the said by you and others, including the court, that is general rights or interests the public may have in the relevant to your request for a writ. ruling. To show the appellate division judge that you have a beneficial interest in the ruling you want to You can provide this information and the summary challenge, you must describe how the ruling will affect of what was said at item 10 of the petition and, as you in a direct and negative way. instructed there, you can add additional pages if more room is needed. Note that you will be b. Description of the legal error you believe the providing this information, and everything in the small claims court made petition, under penalty of perjury.

Your petition will need to tell the appellate division c. Description of why you need the writ judge what legal error you believe the small claims court made. Not every mistake a small claims court might One of the most important parts of your petition is make can be addressed by a writ. You must show that explaining to the appellate division why you need the the small claims court made one of the following types writ you have requested. Remember, the appellate of legal errors: division judge does not have to grant your petition just because the small claims court made an error. You must The small claims court has a legal duty to act but: convince the appellate division that it is important for it o Refuses to act to issue the writ. o Has not done what the law says it must do

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 4 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

Your petition needs to show that a writ is the only way If you ask the appellate division judge for a stay, make to fix the small claims court’s error. To convince the sure you also check the “Stay requested” box on the first court you need the writ, you will need to show the page of the Petition for Writ (Small Claims) (form SC- appellate division judge that you have no way to fix the 300) and complete item 12c on that form. small claims court’s error other than through a writ (this is called having “no adequate remedy at law”). e. Verifying the petition

This will be hard to show if the small claims court’s Petitions for writs must be “verified.” This means that ruling can be appealed and a new trial held. If you are a the petitioner (or in certain circumstances the petitioner’s defendant and the ruling you are challenging can be attorney) must declare under penalty of perjury that the appealed, the appellate division will generally consider facts stated in the petition are true and correct, must sign this new trial to be a good enough way to fix the small the petition, and must indicate the date that the petition claims court’s ruling (an “adequate remedy”). You will was signed. On the last page of the Petition for Writ need to show the appellate division judge how you will (Small Claims) (form SC-300), there is a place for you to be harmed by the small claims court’s error in a way that verify your petition. cannot be fixed by the new trial if the appellate division judge does not issue the writ (this is called “irreparable” 13 Is there anything else that I need to injury or harm). For example, the harm you want to serve and file with my petition? prevent may happen before the new trial can be held. Yes. Along with the petition, you must serve and file Even if you cannot appeal the ruling you are objecting documents showing what happened in the small claims to, the appellate division judge still does not have to court (see below for an explanation of how to serve and grant the petition. As described above, small claims file the petition and other documents). Because the decisions are meant to be speedy and inexpensive, so appellate division judge was not there in the small appellate review is generally not granted in these cases. claims court, copies of certain documents from that court You will need to explain why your case should be that show what happened must be sent to the appellate treated differently. division judge. These are called “supporting documents.” You must also serve any other party in this d. Description of the order you want the case, the real party in interest, with a copy of this form appellate division to make Information on Writ Proceedings in Small Claims Cases (form SC-300-INFO). Your petition needs to describe what you are asking the appellate division judge to order the small claims court Copies of documents from the small claims court. to do or not do. Writ petitions usually ask that the small Copies of the following documents from the small claims court be ordered to cancel (“vacate”) its ruling, claims court must also be included in the supporting issue a new ruling, or not take any steps to enforce its documents: ruling. The small claims court ruling or judgment being challenged in the petition If you want the appellate division judge to order the small claims court not to do anything more until the All documents and exhibits submitted to the small appellate division judge decides whether to grant the claims court supporting and opposing your position writ you are requesting, you must ask for a “stay.” If you want a stay, you should first ask the small claims court Any other documents or portions of documents for a stay. You should tell the appellate division judge submitted to the small claims court that are whether you asked the small claims court for a stay. If necessary for a complete understanding of the case you did not ask the small claims court for a stay, you and of the ruling being challenged should tell the appellate division judge why you did not do this. This information is requested in the petition What if I cannot get copies of the documents from the form. small claims court because of an emergency? Rule 8.972 of the California Rules of Court provides that in

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 5 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

extraordinary circumstances the petition may be filed 15 How do I “serve” my petition? without copies of the documents from the small claims court. If the petition is filed without these documents, Rule 8.972(d) requires that the petition with the attached you must explain in your petition the urgency and the supporting documents, along with a copy of this form, circumstances making the documents unavailable. be served on any named real party in interest and that the petition be served on the respondent small claims court. Format of the supporting documents. Supporting “Serving” a petition on a party means that you must: documents must be put in the format required by rule Have somebody over 18 years old who is not a party8.972 of the California Rules of Court. You should to the case—so not you—mail or deliver (“serve”)carefully read rule 8.972. You can get a copy of rule the petition to the real party in interest and the8.972 at any courthouse or county law library or online respondent court in the way required by law.at www.courts.ca.gov/rules. Make a record that the petition has been served. This 14 Is there a deadline to ask for a writ? record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) can be used to Yes. There are laws (statutes) that require that certain make this record. The proof of service must show kind of rulings may only be challenged using a writ who served the petition, who was served with the proceeding. These are called “statutory writs” and the petition, how the petition was served (by mail or in statute usually sets the deadline for serving and filing the person), and the date the petition was served. petition. For example, a writ challenging a ruling on a motion to disqualify a judge (see California Code of You can get more information about how to serve court Civil Procedure section 170.3(d)) must be filed within documents and proof of service from What Is Proof of 10 days after notice to the parties of the decision. You Service? (form APP-109-INFO) and on the California will need to check whether there is a statute providing a Courts Online Self-Help Center at www.courts.ca.gov deadline for filing a challenge to the specific ruling you /selfhelp-serving.htm. are challenging. (You can find copies of statutes at any county law library or online at leginfo.legislature.ca.gov 16 How do I file my petition? /faces/codes.xhtml). To file a petition for a writ, you must bring or mail the If there is not a statute specifically providing for a writ original petition, including the supporting documents proceeding to challenge a particular ruling, or if the and the proof of service, to the clerk for the appellate statute does not set a deadline, you should file the division of the superior court that made the ruling you petition as soon as possible and not later than 30 days are challenging. If the superior court has more than one after the court makes the ruling that you are challenging courthouse location, you should call the clerk at the in the petition. While there is no absolute deadline for courthouse where the ruling you are challenging was filing these petitions, writ petitions are usually used made to ask where to file your petition. when it is urgent that the small claims court’s error be fixed. Remember, the appellate division judge is not You should make a copy of all the documents you are required to grant your petition even if the small claims planning to file for your own records before you file court made an error. If you delay in filing your petition, them with the court. It is a good idea to bring or mail an it may make the appellate division judge think that it is extra copy of the petition to the clerk when you file your not really urgent that the small claims court’s error be original and ask the clerk to stamp this copy to show that fixed and the appellate division judge may deny your the original has been filed. petition. If there are extraordinary circumstances that delayed the filing of your petition, you should explain 17 Do I have to pay to file a petition? these circumstances to the appellate division judge in your petition. Yes. You should ask the clerk for the appellate division where you are filing the petition what this fee is. If you cannot afford to pay this filing fee, you can ask the court to waive this fee. To do this, you must fill out a Request

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 6 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

to Waive Court Fees (form FW-001). You can get form c. Alternative writ or order to show cause FW-001 at any courthouse or county law library or online at www.courts.ca.gov/forms. You can file this An “alternative writ” is an order telling the small claims application either before you file your petition or with court either to do what the petitioner has requested in the your petition. The court will review this application and petition (or some modified form of what the petitioner decide whether to waive the filing fee. requested) or to show the appellate division judge why the small claims court should not be ordered to do what 18 What happens after I file my petition? the petitioner requested. An “order to show cause” is similar; it is an order telling the small claims court to Within 10 days after you serve and file your petition, the show the appellate division judge why the small claims respondent or any real party in interest can serve and file court should not be ordered to do what the petitioner a preliminary opposition to the petition. requested in the petition (or some modified form of what the petitioner requested). The appellate division judge The appellate division judge does not have to wait for an will issue an alternative writ or an order to show cause opposition before acting on a petition for a writ, only if the petitioner has shown that he or she has no however. Without waiting, the appellate division judge adequate remedy at law and the appellate division judge can: has decided that the petitioner may have shown that the small claims court made a legal error that needs to bea. Issue a stay. fixed.

b. Summarily deny the petition. If the appellate division judge issues an alternative writ and the small claims court does what the petitionerc. Issue an alternative writ or order to show cause. requested (or a modified form of what the petitioner requested as ordered by the appellate division judge),d. Notify the parties that he or she is considering then no further action by the appellate division judge is issuing a peremptory writ in the first instance. needed and the appellate division may dismiss the petition.e. Issue a peremptory writ in the first instance if such relief was expressly requested in the petition. If the small claims court does not comply with an alternative writ, however, or if the appellate divisionRead below for more information about these options. judge issues an order to show cause, then the respondent court or a real party in interest can file a response to thea. Stay of small claims court proceedings appellate division judge’s order (called a “return”) that explains why the small claims court should not beA stay is an order from the appellate division judge ordered to do what the petitioner requested. The returntelling the small claims court not to do anything more must be served and filed within the time specified by theuntil the appellate division judge decides whether to appellate division judge or, if no time is specified, withingrant your petition. A stay puts the small claims court 30 days from the date the alternative writ or order toproceedings on temporary hold. show cause was issued. The petitioner will then have an opportunity to serve and file a reply within 15 days afterb. Summary denial the return is filed. The appellate division judge may set the matter for oral argument. When all the papers haveA “summary denial” means that the appellate division been served and filed (or the time to serve and file themjudge denies the petition without deciding whether the has passed) and any oral argument is completed, thesmall claims court made the legal error claimed by the appellate division will decide the case.petitioner or whether the writ requested by the petitioner should be issued based on that error. No reasons need to d. Peremptory writ in the first instancebe given for a summary denial. Most petitions for writs are denied in this way. A “peremptory writ in the first instance” is an order telling the small claims court to do what the petitioner

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 7 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

has requested (or some modified form of what the but you are not required to do this. The appellate petitioner requested) that is issued without the appellate division judge can take certain actions without waiting division judge first issuing an alternative writ or order to for any opposition, including: show cause. It is very rare for the appellate division Summarily denying the petition judge to issue a peremptory writ in the first instance, and this will not be done unless the respondent and real Issuing an alternative writ or order to show cause parties in interest have received notice that the judge might do so, either through the petitioner expressly Notifying the parties that the judge is considering asking for such relief in the petition or by the judge issuing a peremptory writ in the first instance giving the respondent court and any real party in interest notice and a chance to file an opposition. Issuing a peremptory writ in the first instance if such relief was expressly requested in the petition. The respondent court or a real party in interest can file a response to the appellate division judge’s notice (called Read the response in section 18 for more information an “opposition”) that explains why the small claims about these options. court should not be ordered to do what the petitioner has requested. The opposition must be served and filed Most petitions for writs are summarily denied, often within the time specified by the appellate division judge within a few days after they are filed. If you have not or, if no time is specified, within 30 days from the date already received something from the appellate division the notice was issued. The petitioner will then have a judge saying what action the judge is taking on the chance to serve and file a reply within 15 days after the petition, it is a good idea to call the appellate division to opposition is filed. The appellate division judge may see if the petition has been denied before you decide then set the matter for oral argument. When all the whether and how to respond. papers have been served and filed (or the time to serve and file them has passed) and any oral argument is This would also be a good time to talk to a lawyer. You completed, the appellate division judge will decide the do not have to have a lawyer; you are allowed to case. represent yourself in a writ proceeding in the appellate division. But writ proceedings can be very complicated and you will have to follow the same rules that lawyers INFORMATION FOR A REAL PARTY have to follow. If you have any questions about writ proceedings or about whether and how you should IN INTEREST respond to a writ petition, you should talk to a lawyer. You must hire a lawyer at your own expense if you want This part of the information sheet is written for a real one (the court cannot provide one). You can get party in interest—a party from the small claims court information about finding a lawyer on the California case other than the petitioner who will be affected by a Courts Online Self-Help Center at www.courts.ca.gov ruling on a petition for a writ. It explains some of the /selfhelp-lowcosthelp.htm. You may also get help from rules and procedures relating to responding to a petition the small claims advisors in your county if available. for a writ. The information may also be helpful to the Ask the court how to contact them or look for contact petitioner. information at www.courts.ca.gov/selfhelp-advisors.htm.

If the petition has not already been summarily denied,

19 I have received a copy of a petition for you may, but are not required to, serve and file a a writ in a case in which I am a party. preliminary opposition to the petition within 10 days Do I need to do anything? after the petition was served and filed. The appellate division judge will seldom grant a writ without first You do not have to do anything. The Code of Civil issuing an alternative writ, an order to show cause, or a Procedure and California Rules of Court give you the notice that the judge is considering issuing a peremptory right to file a preliminary opposition to a petition for a writ. In all these circumstances, you will get notice from writ within 10 days after the petition is served and filed, the court and have a chance to file a response. Note that

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 8 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

the appellate division judge may issue a peremptory writ without notice if the petitioner expressly asked the court 20 I have received a copy of an alternative to do so in the petition, that is, asked the court to issue a writ or an order to show cause issued peremptory writ in the first instance. If the petitioner did by the appellate division judge. Do I that, you may want to consider whether to file a need to do anything? preliminary opposition, to explain why you believe the small claims court made no legal error and why the Yes. Unless the small claims court has already done petitioner is not entitled to a writ. what the alternative writ told it to do, you should serve and file a response called a “return.” If you decide to file a preliminary opposition, you must serve that preliminary opposition on all the other parties As explained above, the appellate division judge will to the writ proceeding. “Serving and filing” an issue an alternative writ or an order to show cause only opposition means that you must: if the appellate division judge has decided that the Have somebody over 18 years old who is not a party petitioner may have shown that the small claims court to the case—so not you—mail or deliver (“serve”) made a legal error that needs to be fixed. An “alternative the preliminary opposition to the other parties in the writ” is an order telling the small claims court either to way required by law. do what the petitioner has requested in the petition (or some modified form of what the petitioner requested) or Make a record that the preliminary opposition has to show the appellate division judge why the small been served. This record is called a “proof of claims court should not be ordered to do what the service.” Proof of Service (Appellate Division) (form petitioner requested. An “order to show cause” is APP-109) can be used to make this record. The similar; it is an order telling the small claims court to proof of service must show who served the show the appellate division judge why the small claims preliminary opposition, who was served with the court should not be ordered to do what the petitioner preliminary opposition, how the preliminary requested in the petition (or some modified form of what opposition was served (by mail or in person), and the petitioner requested). the date the preliminary opposition was served. If the appellate division judge issues an alternative writ File the original preliminary opposition and the and the small claims court does what the petitioner proof of service with the appellate division. You requested (or a modified form of what the petitioner should make a copy of the preliminary opposition requested as ordered by the appellate division judge), you are planning to file for your own records before then no further action by the appellate division judge is you file it with the court. It is a good idea to bring or needed and the appellate division judge may dismiss the mail an extra copy of the preliminary opposition to petition. If the small claims court does not comply with the clerk when you file your original and ask the an alternative writ, however, or if the appellate division clerk to stamp this copy to show that the original has judge issues an order to show cause, then the small been filed. claims court or the real party in interest may serve and file a response to the appellate division judge’s order, You can get more information about how to serve court called a “return.” documents and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California A return is your argument to the appellate division judge Courts Online Self-Help Center at www.courts.ca.gov about why the small claims court should not be ordered /selfhelp-serving.htm. to do what the petitioner has requested. If you are represented by a lawyer in the writ proceeding, your lawyer will prepare your return. If you are not represented by a lawyer, you will need to prepare your own return. A return is a legal response, either your argument about why the writ is legally inadequate or an “answer.” An answer is used to admit or deny the facts alleged in the petition, to add to or correct the facts, and

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 9 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

to explain any legal defenses to the legal arguments Courts Online Self-Help Center at www.courts.ca.gov made by the petitioner. You should read California Code /selfhelp-serving.htm. of Civil Procedure sections 430.10–431.30 for more information about responses and answers. You can get 21 I have received a copy of a notice from copies of these statutes at any county law library or the appellate division judge indicating it isonline at leginfo.legislature.ca.gov/faces/codes.xhtml. A considering issuing a peremptory writreturn can also include additional supporting documents in the first instance. Do I need to donot already filed by the petitioner. anything? If you do not file a return when the appellate division judge issues an alternative writ or order to show cause, it Yes. You should serve and file a response called an does not mean that the appellate division judge is “opposition.” required to issue the writ requested by the petitioner. However, the appellate division judge will treat the facts As explained in the answer to question 18 , a stated by the petitioner in the petition as true, which “peremptory writ in the first instance” is an order telling makes it more likely the appellate division judge will the small claims court to do what the petitioner has issue the requested writ. requested (or some modified form of what the petitioner requested as ordered by the appellate division judge) that Unless the appellate division judge sets a different filing is issued without the appellate division judge first deadline in the alternative writ or order to show cause, issuing an alternative writ or order to show cause. The you must serve and file your return within 30 days after appellate division judge will seldom issue a peremptory the appellate division judge issues the alternative writ or writ in the first instance without first giving the parties order to show cause. The return must be served on all the notice and a chance to file an opposition. However, other parties to the writ proceeding. “Serving and filing” when the appellate division judge issues such a notice, it the return means that you must: means that the appellate division judge is strongly considering granting the writ requested by the petitioner. Have somebody over 18 years old who is not a party to the case—so not you—mail or deliver (“serve”) An opposition is your argument to the appellate division the return to the other parties in the way required by judge about why the small claims court should not be law. ordered to do what the petitioner has requested. If you are represented by a lawyer in the writ proceeding, your Make a record that the return has been served. This lawyer will prepare your opposition. If you are not record is called a “proof of service.” Proof of Service represented by a lawyer, you will need to prepare your (Appellate Division) (form APP-109) can be used to own opposition. An opposition is a response to the legal make this record. The proof of service must show arguments made by the petitioner. Unless the appellate who served the return, who was served with the division judge sets a different deadline in the notice that return, how the return was served (by mail or in the judge is considering issuing a peremptory writ, you person), and the date the return was served. must serve and file your opposition within 30 days after the appellate division issues the notice. The opposition File the original return and the proof of service with must be served on all the other parties to the writ the appellate division. You should make a copy of proceeding. “Serving and filing” the opposition means the return you are planning to file for your own that you must: records before you file it with the court. It is a good idea to bring or mail an extra copy of the return to Have somebody over 18 years old who is not a party the clerk when you file your original and ask the to the case—so not you—mail or deliver (“serve”) clerk to stamp this copy to show that the original has the opposition to the other parties in the way been filed. required by law.

You can get more information about how to serve court Make a record that the opposition has been served. documents and proof of service from What Is Proof of This record is called a “proof of service.” Proof of Service? (form APP-109-INFO) and on the California Service (Appellate Division) (form APP-109) can be

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 10 of 11 Small Claims Cases

Information on Writ Proceedings in Small Claims Cases SC-300-INFO

used to make this record. The proof of service must

show who served the opposition, who was served with the opposition, how the opposition was served (by mail or in person), and the date the opposition was served.

File the original opposition and the proof of service with the appellate division. You should make a copy of the opposition you are planning to file for your own records before you file it with the court. It is a good idea to bring or mail an extra copy of the opposition to the clerk when you file your original, and ask the clerk to stamp this copy to show that the original has been filed.

You can get more information about how to serve court documents and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov /selfhelp-serving.htm.

22 What happens after I serve and file my return or opposition?

After you file a return or opposition, the petitioner has 15 days to serve and file a reply. The appellate division judge may also set the matter for oral argument. When all the papers have been filed (or the time to file them has passed) and any oral argument is completed, the appellate division judge will decide the case.

---

Revised January 1, 2016 Information on Writ Proceedings in SC-300-INFO, Page 11 of 11 Small Claims Cases

SC-300 Petition for Writ (Small Claims) Clerk stamps date here when form is filed.

Petitioner (fill in the name of the person asking for the writ)

v.

Superior Court of California, County of

Clerk will fill in the number below:

Appellate Division Case Number: Respondent
(fill in the name of the court whose action or ruling you are challenging)

Real Party in Interest Stay requested
(fill in the name of any other parties in the trial court case)
(see item 12 c. on page 6)

Instructions

• This form is only for requesting a writ in a small claims case which does not relate to an action enforcing the small claims judgment.

• Do not use this form for the appeal or trial de novo of a small claims matter or for writs on the appeal of a small claims matter. Other forms or pleadings should be used for those those kinds of actions.

• For requesting a writ relating to a court action regarding enforcement of a small claims judgment, you should use form APP-151, Petition for Writ (Misdemeannor, Infraction, or Limited Civil Case). You can get that form and other forms for other writs and for appeals at any courthouse or county law library or online at www.courts.ca.gov/forms.

• Before you fill out this form, read Information on Writ Proceedings in Small Claims Cases (form SC-300-INFO) to know your rights and responsibilities. You can get form SC-300-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.

• Generally, you should file this form no later than 30 days after the date the small claims court took the action or issued the ruling you are challenging in this petition (see form SC-300-INFO for more information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an earlier deadline. If your petition is filed late, the appellate division may deny it.

• Fill out this form and make a copy of the completed form for your records and for the small claims court whose action or ruling you are challenging (called the respondent) and each of the other party or parties in the small claims case (called real party in interest).

• Serve a copy of the completed form on the small claims court and serve a copy of the form and a copy of form SC-300-INFO on each real party in interest and keep proof of this service. Proof of Service (Appellate Division) (form APP-109) can be used to make this record. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm.

• Take or mail the completed form and your proof of service to the clerk’s office for the appellate division of the court that took the action or issued the ruling you are challenging.

Judicial Council of California, www.courts.ca.gov Rev. March 15, 2019, Optional Form Petition for Writ SC-300, Page 1 of 7 California Rules of Court, rules 8.970–8.977 (Small Claims)

Appellate Division Case Name: Appellate Division Case Number:

1 Your Information a. Petitioner (the party who is asking for the writ): Name: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: E-mail (if available):

b. Petitioner’s lawyer (skip this if the petitioner does not have a lawyer for this petition):

Name: State Bar number:
Street address:
Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: E-mail (if available):
Fax (if available):

The Small Claims Court Action or Ruling You Are Challenging

I am/My client is filing this petition to challenge an action taken or ruling made by the small claims court in the 2
following case:
a. Case name (fill in the small claims court case name):
b. Case number (fill in the small claims court case number):

The small claims court action or ruling I am/my client is challenging is (describe the action taken or ruling made by 3
the small claims court):

4 The small claims court took this action or made this ruling on the following date (fill in the date):

If you are filing this petition more than 30 days after the date that you listed in 4 , explain the extraordinary 5 circumstances that caused the delay in filing this petition:

Rev. March 15, 2019 Petition for Writ SC-300, Page 2 of 7 (Small Claims)

Appellate Division Case Name: Appellate Division Case Number:

The Parties in the Small Claims Court Case
I/My client (check and fill in a or b): 6
a. was a party in the case identified in 2 .
b. was not a party in the case identified in 2 but will be directly and negatively affected in the following way
by the action taken or ruling made by the small claims court (describe how you/your client will be directly
and negatively affected by the small claims court’s action or ruling):

The other party or parties in the case identified in 2 was/were (fill in the names of the parties): 7

Appeals or Other Petitions for Writs in This Case
Did you or anyone else file an appeal about the same small claims court action or ruling you are challenging in this 8
petition? (Check and fill in a or b):
a. No
b. Yes (fill in the date the appeal/new trial is set for):

9 Have you filed a previous petition for a writ challenging this action or ruling? (Check and fill in a or b): a. No b. Yes (Please provide the following information about this previous petition). (1) Petition title (fill in the title of the petition): (2) Date petition filed (fill in the date you filed this petition): (3) Case number (fill in the case number of the petition):

If you/your client filed more than one previous petition, attach another page providing this information for each
additional petition. At the top of each page, write “SC-300, item 9.”)

Reasons for This Petition
The small claims court made the following legal error or errors when it took the action or made the ruling10
described in 3 (check and fill in at least one):
a. The small claims court has not done or has refused to do something that the law says it must do.
(1) Describe what you believe the law says the small claims court must do:

(2) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the small claims court must do this:

Rev. March 15, 2019 Petition for Writ SC-300, Page 3 of 7 (Small Claims)

Appellate Division Case Name: Appellate Division Case Number:

(continued)10
(3) Identify the supporting documents (the documents from the small claims case) and describe what the judge
said or did that shows that the court did not do or refused to do this:

(4) If something was said at the small claims court that is relevant to your request for a writ, provide a fair
summary of what was said by you and others, including the court (other than what you described above),
that is relevant to your request for writ.

Check here if you need more space to describe the reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “SC-300, item 10a.”

b. The small claims court has done something that the law says the court cannot or must not do.

(1) Describe what the small claims court did:

(2) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the small claims court cannot or must not do this:

(3) Identify the supporting documents (the documents from the small claims case) and describe what the judge
said or did that shows that the court did this:

(4) If something was said at the small claims court that is relevant to your request for a writ, provide a fair
summary of what was said by you and others, including the court (other than what you described above),
that is relevant to your request for writ.

Check here if you need more space to describe the reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “SC-300, item 10b.”

Rev. March 15, 2019 Petition for Writ SC-300, Page 4 of 7 (Small Claims)

Appellate Division Case Name: Appellate Division Case Number:

(continued)10
c. The small claims court has performed or said it is going to perform a judicial function (like deciding a
person’s rights under law in a particular situation) in a way the court does not have the legal power to do.
(1) Describe what the small claims court did or said it is going to do:

(2) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the small claims court does not have the power to do this:

(3) Identify the supporting documents (the documents from the small claims case) that shows that the court did
or said it was going to do this:

(4) If something was said at the small claims court that is relevant to your request for a writ, provide a fair
summary of what was said by you and others, including the court (other than what you described above),
that is relevant to your request for writ.

Check here if you need more space to describe this reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “SC-300, item 10c.”
d. Check here if there are more reasons for this petition and attach an additional page or pages describing
these reasons. At the top of each page, write “SC-300, item 10d.”

This petition will be granted only if there is no other adequate way to address the small claims court’s action or11
ruling other than by issuing the requested writ.

a. Explain why there is no way other than through this petition for a writ—through an appeal, for example—for
your arguments to be adequately presented to the appellate division:

b. Explain how you/your client will be irreparably harmed if the appellate division does not issue the writ you are
requesting:

Rev. March 15, 2019 Petition for Writ SC-300, Page 5 of 7 (Small Claims)

Appellate Division Case Name: Appellate Division Case Number:

Order You Are Asking the Appellate Division to Make
I request that this court (check and fill in all that apply):12
a. order the small claims court to do the following (describe what, if anything, you want the court to be
ordered to do):

b. order the small claims court not to do the following (describe what, if anything, you want the court to be
ordered NOT to do):

c. issue a stay ordering the small claims court not to take any further action in this case until this court decides
whether to grant or deny this petition (describe below why it is urgent that the small claims court not take
any further action and check the Stay requested box on page 1 of this form):

I/My client:

(1) asked the small claims court to stay these proceedings, but the small claims court denied this request
(include in your supporting documents a copy of the small claims court’s order denying your
request for a stay).
(2) did not ask the small claims court to stay these proceedings for the following reasons (describe
below why you did not ask the small claims court to stay these proceedings):

d. take other action (describe):

e. grant any additional relief that the appellate division decides is fair and appropriate.

Rev. March 15, 2019 Petition for Writ SC-300, Page 6 of 7 (Small Claims)

Appellate Division Case Name: Appellate Division Case Number:

Supporting Documents

Are the following documents attached as required by rule 8.972(b)(1) (Check a or b):13
• The small claims court ruling being challenged in this petition
• All documents and exhibits submitted to the small claims court supporting and opposing you/your client’s
position
• Any other documents or portions of documents submitted to the small claims court that are necessary for a
complete understanding of the case and the ruling being challenged?

a. Yes, these documents are attached.

b. No, these documents are not attached for the following reasons (explain why these documents are not
attached and give a fair summary of what is in these documents. Note that rule 8.972 provides that, in
extraordinary circumstances, the petition may be filed without these documents, but the petitioner must
explain the urgency and the circumstances making the documents unavailable):

Number of pages attached to this form, if any:14

Date:

Lawyer’s name (if any) Lawyer’s signature

I declare under penalty of perjury under the laws of the State of California that the information above and on any
attached pages providing further responses to the questions above is true and correct.

Date:

Type or print petitioner’s name Petitioner’s signature

Rev. March 15, 2019 Petition for Writ SC-300, Page 7 of 7 (Small Claims)

APP-009-INFO INFORMATION SHEET FOR PROOF OF SERVICE (COURT OF APPEAL)

GENERAL INFORMATION ABOUT SERVICE AND PROOF OF SERVICE

This information sheet provides instructions for completing Proof of Service (Court of Appeal) (form APP-009). This information sheet is not part of the proof of service and does not need to be copied, served, or filed.

Rule 8.25 of the California Rules of Court provides that before filing any document in court in a case in the Court of Appeal, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule. Other rules specifically require that certain documents be served, including the notice of appeal and notice designating the record on appeal in civil appeals and briefs in both civil and criminal appeals.

To “serve” a document on a person means to have that document delivered to the person. The general requirements concerning service are set out in Code of Civil Procedure sections 1011–1013a. There are two main ways to serve documents: (1) by mail and (2) by personal delivery. Regardless of what method of service is used, the Code of Civil Procedure provides that a document in a court case can only be served by a person who is:

• Over 18 years of age; and • Not a party in the court case.

If you are a party to the case, you must therefore have someone else who is over 18 and who is not a party to the case serve any documents in your case. You will need to give the person doing the serving (the server) the names and addresses of all those who must be served. You will also need to give the server one copy of each document that needs to be served for each person or entity that is being served.

Rule 8.25 also requires the party filing a document in the court to attach to the document presented for filing a proof of service showing the required service. Proof of Service (Court of Appeal) (form APP-009) may be used to provide this required proof of service in any proceeding in the Court of Appeal. Tell the server to follow the instructions below for completing the Proof of Service (Court of Appeal) (form APP-009) and to give you the original form when it is completed. You will need to attach this original proof of service to the document you are filing.

INSTRUCTIONS FOR THE SERVER (THE PERSON WHO IS SERVING THE DOCUMENTS)

If you are serving a document for a party in a court case, it is your responsibility to prepare the proof of service. You can use Proof of Service (Court of Appeal) (form APP-009) to prepare this proof of service in any case in the Court of Appeal. The proof of service should be printed or typed. If you have Internet access, a fillable version of form APP-009 is available at www.courtinfo.ca.gov /forms. You can fill out most of the form before you serve the document, but you should sign and date the form only after you have finished serving the document.

Complete the top section of Proof of Service (Court of Appeal) (form APP-009) as follows:

1. First box, left side: Check whether the document is being served by mail or by personal delivery.

2. Third box, left side: Print the name of the case in which the document is being filed, the Court of Appeal case number, and the superior court case number. Use the same case name and numbers as are on the top of the document that you are serving.

3. Box, top of form, right side: Leave this box blank for the court's use.

Complete items 1–3 as follows:

1. You are stating that you are over the age of 18 and that you are not a party to this action.

2. Check one of the boxes and provide your home or business address.

3. Fill in the name of the document that you are serving.

   a. If you are serving the document by mail, check box a. and BEFORE YOU SEAL AND MAIL THE ENVELOPE, fill in the following information: (1) Check box (1)(a) if you will personally deposit the document with the U.S. Postal Service such as at a U.S. Postal Service Office or U.S. Postal Service mailbox; Check box (1)(b) if you will put the document in the mail at your place of business. (2) Provide the date the documents are being mailed.

Form Approved for Optional Use INFORMATION SHEET FOR PROOF OF SERVICE www.courtinfo.ca.gov Judicial Council of California APP-009-INFO [New January 1, 2009] (Court of Appeal)

American LegalNet, Inc.

www.FormsWorkflow.com

APP-009-INFO INFORMATION SHEET FOR PROOF OF SERVICE (COURT OF APPEAL)

(3) Provide the name and address of each person to whom you are mailing the document. If you need more space to list
additional names and addresses, check the box after item (3)(c) and attach a page listing them. At the top of the page,
write "APP-009, Item 3a."

(4) You are stating that you live or work in the county in which the document is being mailed. Provide the city and state
from which the document is being mailed.

Once you have finished filling out these parts of the form, make one copy of Proof of Service (Court of Appeal) (form
APP-009) with this information filled in for each person you are serving by mail and put this copy in the envelope with the
document you are serving. Seal the envelope and mail the document as you have indicated on the proof of service.

b. If you personally delivered the document, check box 3b. For a party represented by an attorney, delivery needs to be made
by giving the document directly to the party's attorney or by leaving the document in an envelope or package clearly labeled
to identify the attorney being served with a receptionist at the attorney's office or an individual in charge of the office. For a
party who is not represented by an attorney, delivery needs to be made by giving the document directly to the party or by
leaving the document at the party's residence with some person not less than 18 years of age between the hours of eight in
the morning and six in the evening. Under b, for each person to whom you delivered the document, you need to provide:

(1) The name of the person;

(2) The address at which you delivered the document;

(3) The date on which you delivered the document; and

(4) The time at which you delivered the document.

If you need more space to list additional names, addresses, and delivery dates and times, check the box under item 3b and
attach a page listing this information. At the top of the page, write "APP-009, Item 3b."

At the bottom of the form, print your name, sign the form, and fill in the date on which you signed the form. By signing, you are stating under penalty of perjury that all the information you have provided on Proof of Service (Court of Appeal) is true and correct.

Give the original completed Proof of Service to the party for whom you served the document.

APP-009-INFO [New January 1, 2009] INFORMATION SHEET FOR PROOF OF SERVICE (Court of Appeal)

APP-009 PROOF OF SERVICE (Court of Appeal) Mail Personal Service

Notice: This form may be used to provide proof that a document has been served in a proceeding in the Court of Appeal. Please read Information Sheet for Proof of Service (Court of Appeal) (form APP-009-INFO) before completing this form. Do not use this form for proof of electronic service. See form APP-009E.

Case Name: Court of Appeal Case Number: Superior Court Case Number:

1. At the time of service I was at least 18 years of age and not a party to this legal action.

2. My residence business address is (specify):

3. I mailed or personally delivered a copy of the following document as indicated below (fill in the name of the document you mailed or delivered and complete either a or b):

a. Mail. I mailed a copy of the document identified above as follows:

(1) I enclosed a copy of the document identified above in an envelope or envelopes and

(a) deposited the sealed envelope(s) with the U.S. Postal Service, with the postage fully prepaid.

(b) placed the envelope(s) for collection and mailing on the date and at the place shown in items below,
following our ordinary business practices. I am readily familiar with this business's practice of collecting
and processing correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a sealed
envelope(s) with postage fully prepaid.

(2) Date mailed:

(3) The envelope was or envelopes were addressed as follows:
(a) Person served:
(i) Name:
(ii) Address:

(b) Person served:
(i) Name:
(ii) Address:

(c) Person served:
(i) Name:
(ii) Address:

Additional persons served are listed on the attached page (write “APP-009, Item 3a” at the top of the page).

(4) I am a resident of or employed in the county where the mailing occurred. The document was mailed from
(city and state): Page 1 of 2

Form Approved for Optional Use PROOF OF SERVICE www.courts.ca.gov Judicial Council of California APP-009 [Rev. January 1, 2017] (Court of Appeal)

APP-009 Case Name: Court of Appeal Case Number:

Superior Court Case Number:

3. b. Personal delivery. I personally delivered a copy of the document identified above as follows:

   (1) Person served:
   (a) Name:
   (b) Address where delivered:

   (c) Date delivered:
   (d) Time delivered:

   (2) Person served:
   (a) Name:
   (b) Address where delivered:

   (c) Date delivered:
   (d) Time delivered:

   (3) Person served:
   (a) Name:
   (b) Address where delivered:

   (c) Date delivered:
   (d) Time delivered:

   Names and addresses of additional persons served and delivery dates and times are listed on the attached page (write
   “APP-009, Item 3b” at the top of the page).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

APP-009 [Rev. January 1, 2017] PROOF OF SERVICE Page 2 of 2 (Court of Appeal)