Orange — Petition for a Writ of Mandate in a Misdemeanor, Infraction or Limited Civil Case

Source: https://www.occourts.org/system/files/selfhelp/shc-app-06.pdf

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

PETITION FOR A WRIT OF MANDATE IN A MISDEMEANOR, INFRACTION, OR LIMITED CIVIL CASE

SELF-HELP FORM PACKET

SHC-APP-06 (Rev. 01/26/2024)

www.occourts.org/self-help

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 sheet before you fill out Petition for Writ (Misdemeanor, For information about appeal procedures, see: 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 formore, you should read rules 8.930–8.936 of the California Rules of Court, which set out the procedures Infractions (form CR-141-INFO); and for writ proceedings in the appellate division. You can Information on Appeal Procedures for Limitedget 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 countyThis information sheet does NOT provide information

about appeals or proceedings for writs of supersedeas or law library or online at www.courts.ca.gov/forms. habeas corpus, or for writs in certain small claims cases.

For information about appeals, please see the box on the right side of this page. In this information sheet, we call the lower court the For information about writs of habeas corpus, please “trial court.” see rules 4.550–4.552 of the California Rules of Court and Petition for Writ of Habeas Corpus (form 3 Are there different kinds of writs? HC-001). Yes. There are three main kinds of writs: For information about writs of supersedeas, please see rule 8.824 of the California Rules of Court. Writs of mandate (sometimes called “mandamus”), This information sheet applies to writs relating to which are orders telling the trial court to do postjudgment enforcement actions of the small something. claims division. For information about writs relating Writs of prohibition, which are orders telling the to other actions by the small claims division, see trial court not to do something. rules 8.930–8.936 of the California Rules of Court and Petition for Writ (Small Claims) (form SC-300). Writs of review (sometimes called “certiorari”), which are orders telling the trial court that the For information about writs relating to actions of the appellate division will review certain kinds of superior court on small claims appeals, see rules actions already taken by the trial court. 8.485–8.493 of the California Rules of Court. There are laws (statutes) that you should read concerning You can get these rules and forms at any courthouse or each type of writ: see California Code of Civil Procedure county law library or online at www.courts.ca.gov/rules sections 1084–1097 about writs of mandate, sections for the rules or www.courts.ca.gov/forms for the forms. 1102–1105 about writs of prohibition, and sections 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.

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Judicial Council of California, www.courts.ca.gov Information on Writ Proceedings in APP-150-INFO, Page 1 of 12 Rev. January 1, 2024, Optional Form 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 Can a writ be used to address any 6 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 made the legal error claimed by the appealing party and Writs can only address certain legal errors. Writs can whether the trial court’s decision should be overturned only address the following types of legal errors made by based on that error (this is called a “decision on the a trial court: merits”). In a writ proceeding, the appellate division is The trial court has a legal duty to act but: not required to make a decision on the merits; even if the o Refuses to act;trial court made a legal error, the appellate division can o Has not done what the law says it must do; ordecide not to consider that error now, but to wait and o Has acted in a way the law says it does not haveconsider the error as part of any appeal from the final the power to act. judgment. Most requests for writs are denied without a decision on the merits (this is called a “summary The trial court has performed or says it is going to denial”). Because of this, appeals are the ordinary way perform a judicial function (like deciding a person’s that decisions made by a trial court are reviewed and rights under law in a particular case) in a way that writ proceedings are often called proceedings for the court does not have the legal power to do. “extraordinary” relief. There must be no other adequate remedy. The trial Appeals and writ proceedings are also used to review court’s error must also be something that can be fixed different kinds of decisions by the trial court. Appeals only with a writ. The person asking for the writ must can be used only to review a trial court’s final judgment show the appellate division that there is no adequate way and a few kinds of orders. Most rulings made by a trial to address the trial court’s error other than with the writ court before it issues its final judgment cannot be (this is called having “no adequate remedy at law”). As appealed right away; they can only be appealed after the mentioned above, appeals are the ordinary way that trial trial court case is over, as part of an appeal of the final court decisions are reviewed. If the trial court’s ruling judgment. Unlike appeals, writ proceedings can be used can be appealed, the appellate division will generally to ask for review of certain kinds of important rulings consider an appeal to be good enough (an “adequate made by a trial court before it issues its final judgment. remedy”) unless the person asking for the writ can show the appellate division that the person will be harmed in a way that cannot be fixed by the appeal if the appellate 5 Is a writ proceeding a new trial? division does not issue the writ (this is called “irreparable” injury or harm).

No. A writ proceeding is NOT a new trial. The Statutory writs: There are laws (statutes) that provide appellate division will not consider new evidence, such that certain kinds of rulings can or must be challenged as the testimony of new witnesses. Instead, if it does not using a writ proceeding. These are called “statutory summarily deny the request for a writ, the appellate writs.” Here is a list of some of the most common division reviews a record of what happened in the trial rulings that a statute says can or must be challenged court and the trial court’s ruling to see if the trial court using a writ: 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 person who requests the writ must show the appellate Denial of a motion for summary judgment (see division that the trial court made the legal error the California Code of Civil Procedure section person is claiming. 437c(m)(l)) A ruling on a motion for summary adjudication of issues (see California Code of Civil Procedure section 437c(m)(l))

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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 superior court actions in small claims cases on appeal 7 Can the appellate division consider a may be made to the Court of Appeal. request for a writ in any case? 8 Who are the parties in a writ proceeding? No. Different courts have the power (called “jurisdiction”) to consider requests for writs in different If you are asking for the writ, you are called the types of cases. The appellate division can only consider PETITIONER. You should read “Information for the requests for writs in limited civil, misdemeanor, and Petitioner,” beginning on page 4. infraction cases, and certain small claims cases. A The court the petitioner is asking to be ordered to do orlimited civil case is a civil case in which the amount not to do something is called the RESPONDENT. Inclaimed is $35,000 or less (see California Code of Civil appellate division writ proceedings, the trial court is theProcedure sections 85 and 88). Misdemeanor cases are respondent.cases in which a person has been charged with or convicted of a crime for which the punishment can Any other party in the trial court case who would be include jail time of up to one year but not time in state affected by a ruling regarding the request for a writ is a prison (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 in felony 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 division. But writ proceedings can be very complicatedinclud

t 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

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

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

o 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.

Here are some trial court rulings that can be appealed. The trial court has performed or says it is going to There are laws (statutes) that say that certain kinds of perform a judicial function (like deciding a person’s trial court rulings (“orders”) can be appealed rights under law in a particular case) in a way that immediately. In limited civil cases, California Code of the court does not have the legal power to do. Civil Procedure section 904.2 lists orders that can be To show the appellate division that the trial court made appealed immediately, including orders: one of these legal errors, you will need to: 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 Granting a motion to quash service of summons need to tell the appellate division what legal 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 Granting a new trial that way. Denying a motion for judgment notwithstanding the Show the appellate division that the trial court has verdict not acted in the way that this legal authority says the 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 case c. Description of why you need the writ In misdemeanor and infraction cases, orders made after One of the most important parts of your petition is the final judgment that affect the substantial rights of the explaining to the appellate division why you need the defendant can be appealed immediately (California writ 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)). Your petition needs to show that a writ is the only way You can get copies of these statutes at any county law to fix the trial court’s error. To convince the court you library or online at leginfo.legislature.ca.gov/faces need the writ, you will need to show the appellate /codes.xhtml. You should also check to see if there are division that you have no way to fix the trial court’s published court decisions that indicate whether you can error other than through a writ (this is called having “no or must use an appeal or a writ petition to challenge the adequate remedy at law”). type of ruling you want to challenge in your case. This will be hard if the trial court’s ruling can be If the ruling can be appealed, you will need to show appealed. If the ruling you are challenging can be that an appeal will not fix the trial court’s error. If the appealed, either immediately or as part of an appeal of trial court ruling you want to challenge can be appealed, the final judgment in your case, the appellate division you will need to show the appellate division why that will generally consider this appeal to be a good enough appeal is not good enough to fix the trial court’s error. way to fix the trial court’s ruling (an “adequate To do that, you will need to show the appellate division remedy”). To be able to explain to the appellate division how you will be harmed by the trial court’s error in a why you do not have an adequate remedy at law, you way that cannot be fixed by the appeal if the appellate will need to find out if the ruling you want to challenge division does not issue the writ (this is called “irreparable” injury or harm). For example, because of

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

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Rev. January 1, 2024 Information on Writ Proceedings in APP-150-IN

ting documents must include: including the petitioner’s arguments and any statement by the court supporting its ruling; or

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

o Stating that the transcript or electronic recording Statutory Writ Filing Deadline 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 motion to disqualify a judge to the parties of theCopies of documents from the trial court. Copies of the (see California Code of Civil decisionfollowing documents from the trial court must also be Procedure section 170.3(d))included in the supporting documents: The trial court ruling being challenged in the petition Writ challenging the denial of 20 days after service a motion for summary of written notice of All documents and exhibits submitted to the trial judgment (see California entry of the order court supporting and opposing the petitioner’s Code of Civil Procedure position section 437c(m)(l)) Any other documents or portions of documents submitted to the trial court that are necessary for a Writ challenging a ruling on a 20 days after service complete understanding of the case and of the ruling motion for summary of written notice of being challenged adjudication of issues (see entry of the order California Code of Civil What if I cannot get copies of the documents from the Procedure section 437c(m)(l)) trial court because of an emergency? Rule 8.931 of the California Rules of Court provides that in extraordinary For common law writs or statutory writs where thecircumstances the petition may be filed without copies of statute does not set a deadline, you should file thethe documents from the trial court. If the petition is filed petition as soon as possible and not later than 30 dayswithout these documents, you must explain in your after the court makes the ruling that you are challengingpetition the urgency and the circumstances making the in the petition. While there is no absolute deadline fordocuments available. filing these petitions, writ petitions are usually used Format 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 your 8.931 of the California Rules of Court. Among other petition even if the trial court made an error. If you delay things, there must be a tab for each document and an in filing your petition, it may make the appellate division index listing the documents that are included. You think that it is not really urgent that the trial court’s error should carefully read rule 8.931. You can get a copy of be fixed and the appellate division may deny your rule 8.931 at any courthouse or county law library or petition. If there are extraordinary circumstances that online at www.courts.ca.gov/rules. delayed the filing of your petition, you should explain these circumstances to the appellate division in your petition. 14 Is there a deadline to ask for a writ?

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 of the deadlines for filing petitions for some of the most Rule 8.931(d) requires that the petition and one set of common statutory writs (you can get copies of these supporting documents be served on any named real party statutes at any county law library or online at in interest and that just the petition be served on the leginfo.legislature.ca.gov/faces/codes.xhtml). respondent trial court. “Serving” a petition on a party 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

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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 www.courts.ca.gov/selfhelp-serving.htm. a. Issue a stay 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 proceedingschallenging was made to ask where to file your petition. A stay is an order from the appellate division telling theYou should make a copy of all the documents you are trial court not to do anything more until the appellateplanning to file for your own records before you file division decides whether to grant your petition. A staythem 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 denialthe 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 whether the writ requested by the petitioner should be There is no fee to file a petition for a writ in a issued based on that error. Remember, even if the trial misdemeanor or infraction case, but there is a fee to file court made a legal error, the appellate division can a petition for a writ in a limited civil case. You should decide not to consider that error now but to wait and ask the clerk for the appellate division where you are consider the error as part of any appeal from the final filing the petition what this fee is. If you cannot afford to judgment. No reasons need to be given for a summary pay this filing fee, you can ask the court to waive this denial. Most petitions for writs are denied in this way. fee. To do this, you must fill out a Request to Waive 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

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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 received notice that the court might do so, either throughAn “alternative writ” is an order telling the trial court the petitioner expressly asking for such relief in theeither to do what the petitioner has requested in the petition, or by the court first notifying the parties andpetition (or some modified form of what the petitioner giving the respondent court and any real party in interestrequested) or to show the appellate division why the trial a chance to file an opposition.court should not be ordered to do what the petitioner 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 oral argument. When all the papers have been served andIf the appellate division issues an alternative writ and the filed (or the time to serve and file them has passed) andtrial court does what the petitioner requested (or a oral argument is completed, the appellate division willmodified form of what the petitioner requested as decide the case.ordered by the appellate division), then no further action 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 talkto show cause, then the respondent court or a real party to a lawyer. In a limited civil or infraction case, youin interest can file a response to the appellate division’s must hire a lawyer at your own expense if you want oneorder (called a “return”) that explains why the trial court (the court cannot provide one). You can get informationshould not be ordered to do what the petitioner about finding an attorney on the California Courtsrequested. The return must be served and filed within the Online Self-Help Center at www.courts.ca.govtime 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 serve and file them has passed) and oral argument is This part of the information sheet is written for a real completed, the appellate division will decide the case. party in interest—a party from the trial court case other 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 procedures relating to responding to a petition for a writ.A “peremptory writ in the first instance” is an order The information may also be helpful to the petitioner.telling the trial court to do what the petitioner has 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

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Rev. January 1, 2024

s 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

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Rev. January 1, 2024 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 writ, an order to show cause, or a notice that it is Do I need to do anything? considering issuing a peremptory writ. In all these circumstances, you will get notice from the court andYou do not have to do anything. The California Rules of have a chance to file a response. Note that the appellateCourt give you the right to file a preliminary opposition division may issue a peremptory writ without notice ifto a petition for a writ within 10 days after the petition is the petitioner expressly asked the court, in the petition,served and filed, but you are not required to do this. The to issue a peremptory writ in the first instance. If theappellate division can take certain actions without petitioner did that, you may want to consider whether towaiting for any opposition, including: file a preliminary opposition, to explain why you believe Summarily denying the petition; the small claims court made no legal error and why the petitioner is not entitled to a writ. Issuing an alternative writ or order to show cause; If you decide to file a preliminary opposition, you must Notifying the parties that it is considering issuing a serve that preliminary opposition on all the other parties peremptory writ in the first instance; or to the writ proceeding. “Serving and filing” an Issuing a peremptory writ in the first instance if such opposition means that you must: relief was expressly requested in the petition. Have somebody over 18 years old mail, deliver, or Read the response to question 18 for more information electronically send (“serve”) the preliminary about these options. opposition to the other parties in the way required by law. If the preliminary opposition is mailed orMost petitions for writs are summarily denied, often personally delivered, it must be by someone who iswithin a few days after they are filed. If you have not not a party to the case—so not you.already received something from the appellate division saying what action it is taking on the petition, it is a Make a record that the preliminary opposition has good idea to call the appellate division to see if the been served. This record is called a “proof of petition has been denied before you decide whether and service.” Proof of Service (Appellate Division) (form how to respond. APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make thisThis would be a good time to talk to a lawyer. You do record. The proof of service must show who servednot have to have a lawyer; you are allowed to represent the preliminary opposition, who was served with theyourself in a writ proceeding in the appellate division. preliminary opposition, how the preliminaryBut writ proceedings can be very complicated and you opposition was served (by mail, in person, orwill have to follow the same rules that lawyers have to electronically), and the date the preliminaryfollow. If you have any questions about writ proceedings opposition was served.or about whether and how you should respond to a writ petition, you should talk to a lawyer. In a limited civil File the original preliminary opposition and the case or infraction case, you must hire a lawyer at your proof of service with the appellate division. You own expense if you want one (the court cannot provide should make a copy of the preliminary opposition one). You can get information about finding an attorney for your own records before you file it with the on the California Courts Online Self-Help Center at court. It is a good idea to bring or mail an extra copy www.courts.ca.gov/selfhelp-lowcosthelp.htm. of the preliminary opposition to the clerk when you file your original and ask the clerk to stamp thisIf the petition has not already been summarily denied,

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

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Rev. January 1, 2024 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 issues an alternative writ or order to show cause, it doesYes. Unless the trial court has already done what the not mean that the appellate division is required to issuealternative writ told it to do, you should serve and file a the writ requested by the petitioner. However, theresponse called a “return.” appellate division will treat the facts stated by the As explained above, the appellate division will issue an petitioner in the petition as true, which makes it more alternative writ or an order to show cause if the appellate likely the appellate division will issue the requested writ. division has decided that the petitioner may have shown Unless the appellate division sets a different filingthat the trial court made a legal error that needs to be deadline in its alternative writ or order to show cause,fixed. An “alternative writ” is an order telling the trial you must serve and file your return within 30 days aftercourt either to do what the petitioner has requested in the the appellate division issues the alternative writ or orderpetition (or some modified form of what the petitioner to show cause. The return must be served on all the otherrequested) or to show the appellate division why the trial parties to the writ proceeding. “Serving and filing” thecourt should not be ordered to do what the petitioner return means that you must:requested. An “order to show cause” is similar; it is an order telling the trial court to show the appellate division Have somebody over 18 years old mail, deliver, or why the trial court should not be ordered to do what the electronically send (“serve”) the return to the other petitioner requested in the petition (or some modified parties in the way required by law. If the return is form of what the petitioner requested). mailed or personally delivered, it must be by someone who is not a party to the case—so not you.If the appellate division issues an alternative writ and the 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 with A return is your argument to the appellate division about the appellate division. You should make a copy of why the trial court should not be ordered to do what the the return you are planning to file for your own petitioner has requested. If you are represented by a records before you file it with the court. It is a good lawyer in the writ proceeding, your lawyer will prepare idea to bring or mail an extra copy of the return to your return. If you are not represented by a lawyer, you the clerk when you file your original and ask the will need to prepare your own return. A return is usually clerk to stamp this copy to show that the original has a legal response called an “answer.” An answer is used been filed. to admit or deny the facts alleged in the petition, to add You can get more information about how to serve courtto or correct the facts, and to explain any legal defenses documents and proof of service from What Is Proof ofto the legal arguments made by the petitioner. You

in the petition, to add You can get more information about how to serve courtto or correct the facts, and to explain any legal defenses documents and proof of service from What Is Proof ofto the legal arguments made by the petitioner. You Service? (form APP-109-INFO) and on the California

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Rev. January 1, 2024 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—so not you. 22 I have received a copy of a notice from the appellate division indicating it is Make a record that the opposition has been served. This record is called a “proof of service.” Proof of considering issuing a peremptory writ Service (Appellate Division) (form APP-109) or in the first instance. Do I need to do Proof of Electronic Service (Appellate Division) anything? (form APP-109E) can be used to make this record. The proof of service must show who served theYes. You should serve and file a response called an opposition, who was served with the opposition,“opposition.” how the opposition was served (by mail, in person, As explained in the answer to question 18 , a “peremp- or electronically), and the date the opposition was tory writ in the first instance” is an order telling the trial served. court to do what the petitioner has requested (or some File the original opposition and the proof of serviceform of what the petitioner requested as ordered by the with the appellate division. You should make a copyappellate division) that is issued without the appellate of the opposition you are planning to file for yourdivision first issuing an alternative writ or order to show own records before you file it with the court. It is acause. The appellate division will not issue a peremptory good idea to bring or mail an extra copy of thewrit in the first instance without first giving the parties opposition to the clerk when you file your original,notice and a chance to file an opposition. However, and ask the clerk to stamp this copy to show that thewhen the appellate division issues such a notice, it original has been filed.means that the appellate division is strongly considering granting the writ requested by the petitioner. You can get more information about how to serve court documents and proof of service from What Is Proof ofAn opposition is your argument to the appellate division Service? (form APP-109-INFO) and on the Californiaabout why the trial court should not be ordered to do Courts Online Self-Help Center atwhat the petitioner has requested. If you are represented www.courts.ca.gov/selfhelp-serving.htm.by a lawyer in the writ proceeding, your lawyer will prepare your opposition. If you are not represented by a 23 What happens after I serve and file my lawyer, you will need to prepare your own opposition. return or opposition? Like a return discussed above, an opposition is usually a legal response called an “answer.” An answer is used to After you file a return or opposition, the petitioner has admit or deny the facts alleged in the petition, to add to 15 days to serve and file a reply. The appellate division or correct the facts, and to explain any legal defenses to may also set the matter for oral argument. When all the the legal arguments made by the petitioner. You should papers have been filed (or the time to file them has read California Code of Civil Procedure sections passed) and oral argument is completed, the appellate 430.10–430.80 for more information about answers. You division will decide the case. can get copies of these statutes at any county law library or online at leginfo.legislature.ca.gov/faces/codes.xhtml.

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

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

CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. :

EMAIL ADDRESS:

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 700 CIVIC CENTER DRIVE

MAILING ADDRESS: CITY AND ZIP CODE: SANTA ANA, CA 92701 BRANCH NAME: CENTRAL JUSTICE CENTER

CASE NAME:

CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited Limited Counter Joinder (Amount (Amount Filed with first appearance by defendant JUDGE: demanded demanded is (Cal. Rules of Court, rule 3.402) DEPT.: exceeds $35,000) $35,000 or less) Items 1–6 below must be completed (see instructions on page 2).

1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400–3.403) Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)

Other PI/PD/WD (Personal Injury/Property Other collections (09) Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) Asbestos (04) Other contract (37) Securities litigation (28) Product liability (24) Real Property Environmental/Toxic tort (30) Medical malpractice (45) Insurance coverage claims arising from the Eminent domain/Inverse Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case types (41) Non-PI/PD/WD (Other) Tort Wrongful eviction (33) Enforcement of Judgment Business tort/unfair business practice (07) Other real property (26) Enforcement of judgment (20) Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint Defamation (13) Commercial (31) RICO (27) Fraud (16) Residential (32) Other complaint (not specified above) (42) Intellectual property (19) Drugs (38) Miscellaneous Civil Petition Professional negligence (25) Judicial Review Partnership and corporate governance (21) Asset forfeiture (05) Other non-PI/PD/WD tort (35) Employment Petition re: arbitration award (11) Other petition (not specified above) (43) Wrongful termination (36) Writ of mandate (02) Other employment (15) Other judicial review (39) 2. This case is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: d. Large number of witnesses a. Large number of separately represented parties e. Coordination with related actions pending in one or more b. Extensive motion practice raising difficult or novel courts in other counties, states, or countries, or in a federal issues that will be time-consuming to resolve court c. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive 4. Number of causes of action (specify): 5. This case is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE

• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2

Form Adopted for Mandatory Judicial Council of California Use CIVIL CASE COVER SHEET Cal. RulesCal.ofStandardsCourt, rulesof 2.30,Judicial3.220,Administration,3.400–3.403,std.3.740;3.10 CM-010 [Rev. January 1, 2024] www.courts.ca.gov

INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Contract Auto Tort Provisionally Complex Civil Litigation (Cal. Breach of Contract/Warranty (06) Auto (22)–Personal Injury/Property Rules of Court Rules 3.400–3.403) Breach of Rental/Lease Damage/Wrongful Death Antitrust/Trade Regulation (03) Contract (not unlawful detainer Uninsured Motorist (46) (if the Construction Defect (10) or wrongful eviction) case involves an uninsured Claims Involving Mass Tort (40) Contract/Warranty Breach–Seller motorist claim subject to Securities Litigation (28) Plaintiff (not fraud or negligence) arbitration, check this item Environmental/Toxic Tort (30) Negligent Breach of Contract/ instead of Auto) Insurance Coverage Claims Warranty Other PI/PD/WD (Personal Injury/ (arising from provisionally complex Other Breach of Contract/Warranty Property Damage/Wrongful Death) Tort case type listed above) (41) Collections (e.g., money owed, open Asbestos (04) Enforcement of Judgment book accounts) (09) Asbestos Property Damage Enforcement of Judgment (20) Collection Case–Seller Plaintiff Asbestos Personal Injury/ Abstract of Judgment (Out of County) Other Promissory Note/Collections Case Wrongful Death Confession of Judgment (non-domestic Insurance Coverage (not provisionally Product Liability (not asbestos or relations) complex) (18)

Wrongful Death Confession of Judgment (non-domestic Insurance Coverage (not provisionally Product Liability (not asbestos or relations) complex) (18) toxic/environmental) (24) Sister State Judgment Auto Subrogation Medical Malpractice (45) Administrative Agency Award Other Coverage Medical Malpractice– (not unpaid taxes) Other Contract (37) Physicians & Surgeons Petition/Certification of Entry of Contractual Fraud Other Professional Health Care Judgment on Unpaid Taxes Other Contract Dispute Malpractice Other Enforcement of Judgment Case Real Property Other PI/PD/WD (23) Miscellaneous Civil Complaint Eminent Domain/Inverse Premises Liability (e.g., slip RICO (27) Condemnation (14) and fall) Other Complaint (not specified above) (42) Wrongful Eviction (33) Intentional Bodily Injury/PD/WD Declaratory Relief Only Other Real Property (e.g., quiet title) (26) (e.g., assault, vandalism) Injunctive Relief Only (non- Writ of Possession of Real Property Intentional Infliction of harassment) Mortgage Foreclosure Emotional Distress Mechanics Lien Quiet Title Negligent Infliction of Other Commercial Complaint Other Real Property (not eminent Emotional Distress Case (non-tort/non-complex) domain, landlord/tenant, or Other PI/PD/WD Other Civil Complaint foreclosure) Non-PI/PD/WD (Other) Tort (non-tort/non-complex) Unlawful Detainer Business Tort/Unfair Business Miscellaneous Civil Petition Commercial (31) Practice (07) Partnership and Corporate Residential (32) Civil Rights (e.g., discrimination, Governance (21) Drugs (38) (if the case involves illegal false arrest) (not civil Other Petition (not specified above) (43) drugs, check this item; otherwise, harassment) (08) Civil Harassment report as Commercial or Residential) Defamation (e.g., slander, libel) (13) Workplace Violence Judicial Review Fraud (16) Elder/Dependent Adult Abuse Asset Forfeiture (05) Intellectual Property (19) Election Contest Petition Re: Arbitration Award (11) Professional Negligence (25) Petition for Name Change Writ of Mandate (02) Legal Malpractice Petition for Relief From Late Claim Writ–Administrative Mandamus Other Professional Malpractice Other Civil Petition

of Mandate (02) Legal Malpractice Petition for Relief From Late Claim Writ–Administrative Mandamus Other Professional Malpractice Other Civil Petition Writ–Mandamus on Limited Court (not medical or legal) Case Matter Other Non-PI/PD/WD Tort (35) Writ–Other Limited Court Case Review Employment Other Judicial Review (39) Wrongful Termination (36) Review of Health Officer Order Other Employment (15) Notice of Appeal–Labor Commissioner Appeals CM-010 [Rev. January 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2

Petition for Writ (Misdemeanor, Clerk stamps date here when form is filed. APP-151 Infraction, or Limited Civil Case)

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 misdemeanor, infraction, or limited civil case, or a writ challenging a postjudgment enforcement order in a small claims case (see below*).

• Do not use this form for other writs and for appeals. You can get forms to use for those 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 Misdemeanor, Infraction, and Limited Civil Cases (form APP-150-INFO) to know your rights and responsibilities. You can get form APP-150-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.

• Unless a special statute sets an earlier deadline, you should file this form no later than 30 days after the date the trial court took the action or issued the ruling you are challenging in this petition (see form APP-150-INFO, page 7, 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 respondent (the trial court whose action or ruling you are challenging) and each of the real parties in interest (the other party or parties in the trial court case).

• Serve a copy of the completed form on the respondent and on each real party in interest and keep proof of this service. Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) 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 on the respondent and each real party in interest to the clerk’s office for the appellate division of the superior court that took the action or issued the ruling you are challenging.

• Small Claims cases. If you are a party in a small claims case, this form is only to be used for requesting a writ relating to a postjudgment enforcement order of a small claims division. For writs relating to other acts of a small claims division, the form to use is the Petition for Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules 8.970–8.977. For writs relating to acts of a superior court in a small claims appeal, see Cal. Rules of Court, rules 8.485– 8.493.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Optional Form Petition for Writ APP-151, Page 1 of 7 California Rules of Court, rules 8.930–8.936 (Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division Appellate Division Case Number: Case Name:

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:

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:
Fax:

The Trial Court Action or Ruling You Are Challenging

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

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

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

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

Revised January 1, 2017 Petition for Writ APP-151, Page 2 of 7 (Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division Appellate Division Case Number: Case Name:

The Parties in the Trial Court Case

6 I/My client (check and fill in a or b): 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 trial court (describe how you/your client will be directly and negatively affected by the trial court’s action or ruling):

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

Appeals or Other Petitions for Writs in This Case

8 Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition? (Check and fill in a or b): a. No b. Yes (fill in the appellate division case number of the appeal):

9 Have you filed a previous petition for a writ challenging this trial court 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 “APP-151, item 9.”)

Reasons for This Petition

10 The trial court made the following legal error or errors when it took the action or made the ruling described in 3 (check and fill in at least one): a. The trial 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 trial court must do:

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

Revised January 1, 2017 Petition for Writ APP-151, Page 3 of 7 (Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division Appellate Division Case Number: Case Name:

10 (continued)

(3) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did not do or refused to do this:

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 “APP-151, item 10a.”

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

(1) Describe what the trial court did:

(2) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did this:

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

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 “APP-151, item 10b.”

c. The trial 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 trial court did or said it is going to do:

(2) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did or said it was going to do this:

Revised January 1, 2017 Petition for Writ APP-151, Page 4 of 7 (Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division Appellate Division Case Number: Case Name:

10 (continued)

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

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 “APP-151, item 10c.”

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 “APP-151, item 10d.”

11 This petition will be granted only if there is no other adequate way to address the trial court’s action or 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:

Order You Are Asking the Appellate Division to Make

12 I request that this court (check and fill in all that apply):

a. order the trial court to do the following (describe what, if anything, you want the trial court to be ordered
to do):

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

Revised January 1, 2017 Petition for Writ APP-151, Page 5 of 7 (Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division Appellate Division Case Number: Case Name:

12 (continued)

c. issue a stay ordering the trial 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 trial court not take any further action
and check the Stay requested box on page 1 of this form):

I/My client:

(1) asked the trial court to stay these proceedings, but the trial court denied this request (include in your
supporting documents a copy of the trial court’s order denying your request for a stay).

(2) did not ask the trial court to stay these proceedings for the following reasons (describe below why you
did not ask the trial court to stay these proceedings):

d. take other action (describe):

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

Supporting Documents

13 Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by rule 8.931(b)(1)(D) of the California Rules of Court? a. Yes, a transcript or an official electronic recording of what was said in the trial court is attached.

b. No, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement
signed under penalty of perjury) (Check (1) or (2):

(1) stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is
expected to be filed.

(2) explaining why the transcript or official electronic recording is not available and providing a fair
summary of what was said in the trial court, including the petitioner’s arguments and any statement by
the trial court supporting its ruling.

Revised January 1, 2017 Petition for Writ APP-151, Page 6 of 7 (Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division Appellate Division Case Number: Case Name:

14 Are the following documents attached as required by rule 8.931(b)(1)(A)–(C):

• The trial court ruling being challenged in this petition
• All documents and exhibits submitted to the trial court supporting and opposing the petitioner’s position

• Any other documents or portions of documents submitted to the trial court that are necessary for a complete
understanding of the case and the ruling being challenged? (Check a or b):

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 the substance of these documents. Note that rule 8.931 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):

Verification 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 your name Signature of petitioner or attorney

Revised January 1, 2017 Petition for Writ APP-151, Page 7 of 7 (Misdemeanor, Infraction, or Limited Civil Case)

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Clerk stamps date here when form is filed. Proof of Service APP-109 (Appellate Division)

Instructions • This form is only for providing proof that a document has been served (delivered) in a proceeding in the superior court appellate division. If you are serving a document electronically, please use Proof of Electronic Service (Appellate Division) (form APP-109E). • The person who serves (delivers) a document in this case and who fills out this form: Must be at least 18 years old You fill in the name and street address of the court that issued the decision that is being challenged in Must NOT be a party in this case this case: • Before you fill out this form, read What Is Proof of Service? (form Superior Court of California, County of APP-109-INFO) to understand your responsibilities.

1 At the time I served the documents listed in 4 , I was at least 18 years old.

2 I am not a party in the case identified in the box on the right side of this page. You fill in the number and name of the trial court case in which the decision being challenged was issued: 3 My home business address is: Trial Court Case Number:

Street City State Zip
Trial Court Case Name:

4 I mailed or personally delivered the following document, as indicated below (check or fill in the name of the document you are serving and check and complete either a or b). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

Appellant’s Opening Brief

Respondent’s Brief

Appellant’s Reply Brief

Abandonment of Appeal (Limited Civil Case)

Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)
Other (write in the name of the document):

a. Service by Mail

(1) I put one copy of the document identified 4 in an envelope addressed to each person listed in (2),
sealed the envelope, and put first-class postage on the envelope.

Judicial Council of California, www.courts.ca.gov Rev. January 1, 2017, Optional Form Proof of Service APP-109 Page 1 of 2 (Appellate Division)

Appellate Division Appellate Division Case Number: Case Name:

(2) The envelope or envelopes were addressed as follows:
(a) Name of person served:
Address on envelope:
Street City State Zip

(b) (Name of person served:

Address on envelope:
Street City State Zip
Check here if you mailed copies of the document identified in 4 to more people. Attach a
separate page listing the names and addresses on each additional envelope you mailed. Write
“APP-109, Item 4a” on the top of the page.

(3) I mailed the envelope or envelopes on (date): from (city):
(state): by depositing the envelope or envelopes (check one):
(a) With the U.S. Postal Service or
(b) At an office or business mail drop where I know the mail is picked up every day and deposited
with the U.S. Postal Service.

b. Service by Personal Delivery
I personally gave one copy of the document identified in 4 to each of the following people:
(1) (a) Name of person served:

(b) (Address where you gave the documents to this person:

Street City State Zip
(c) Date when you gave the documents to this person:
(d) Time when you gave the documents to this person:

(2) (a) Name of person served:

(b) (Address where you gave the documents to this person:

Street City State Zip
(c) Date when you gave the documents to this person:
(d) Time when you gave the documents to this person:

Check here if you gave copies of the document identified in 4 to more people. Attach a separate
page listing the names of each of these people, the address where you gave each of them the
document, and the date and time you gave them the document. Write “APP-109, Item 4b” on the
top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name Server signs here after serving

Rev. January 1, 2017 Proof of Service APP-109 Page 2 of 2 (Appellate Division)

Clerk stamps date here when form is filed. Proof of Electronic Service APP-109E (Appellate Division)

Instructions

• This form is only for providing proof that a document has been electronically served (delivered) in a proceeding in the superior court appellate division.

• The person who serves (delivers) a document in this case and who fills out this form must be at least 18 years old. You fill in the name and street address of the court that issued the decision that is being challenged in • Before you fill out this form, read What Is Proof of Service? (form this case: APP-109-INFO) to understand your responsibilities. Superior Court of California, County of

1 At the time I served the documents listed in 3 , I was at least 18 years old.

2 a. My home business address is: You fill in the number and name of the trial court case in which the decision being challenged was issued:

Trial Court Case Number:
Street City State Zip

b. My electronic service address is: Trial Court Case Name:

3 I electronically served the following document, as indicated below (check or fill in the name of the document you are serving). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

Appellant’s Opening Brief

Respondent’s Brief

Appellant’s Reply Brief

Abandonment of Appeal (Limited Civil Case)

Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)

Other (write in the name of the document):

Judicial Council of California, www.courts.ca.gov New January 1, 2017, Optional Form Proof of Electronic Service APP-109E, Page 1 of 2 (Appellate Division)

Appellate Division Appellate Division Case Number: Case Name:

4 I electronically served the document checked in 3 as follows

a. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

b. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

Check here if you gave copies of the document listed in 3 to more people. Attach a separate page listing the names of these people, the names of parties represented if the person served is an attorney, the electronic service address used for each person served, and the date you electronically served the document. Write “APP-109E, Item 4” on top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name Server signs here after serving

New January 1, 2017 Proof of Electronic Service APP-109E, Page 2 of 2 (Appellate Division)