California civil writ practice.

California civil writ practice.

Cite as: California Civil Writ Practice (4th ed Cal CEB 2008)

4th ed. / authors, Mitchell E. Abbott [and others] ; CEB attorney editors, Karen Frasier-Kolligs, Norma Piatt.

Oakland, Calif. : Continuing Education of the Bar, California, ©2008-

1 online resource : forms

Part I covers writ practice in the superior courts. Part II focuses on writ practice in the courts of appeal and the supreme court. The chapters in each part track the usual progression of a writ proceeding. Thus, the initial chapters in Part I discuss when a party should file a writ petition in the superior court rather than, or in conjunction with, a civil complaint. See chaps 2-4. Later chapters discuss drafting a superior court writ petition and the supporting memorandum (see chap 5), seeking a stay of the challenged action (see chap 6), compiling and lodging the record or filing supporting documentation (see chap 7), opposing a writ petition (see chap 8), filing a reply (see chap 8), the scope and nature of superior court hearings on writ petitions (see chap 9), the ruling options available to the court (see chap 9), enforcing a writ (see chap 10), and challenging a superior court's judgment in a writ proceeding (see chap 11). The final substantive chapter in Part I covers writ petitions filed in the appellate division of the superior court, a discrete and relatively rare procedure. See chap 12. The concluding chapter of Part I contains exemplar pleadings and documents commonly filed in superior court writ proceedings. See chap 13. The initial chapters in Part II discuss when a party should consider filing, or in some cases must file, a writ petition in the court of appeal to obtain immediate appellate review of an interlocutory ruling by a trial court in an ongoing civil lawsuit and, in rare cases, review of nonjudicial action. See chaps 15-17. Subsequent chapters discuss drafting an appellate court writ petition and supporting memorandum (see chap 18), seeking a stay of the challenged action (see chap 19), compiling and filing the record (see chap 20), filing opposition (including preliminary opposition permitted by the Rules of Court, opposition after the court of appeal issues a "Palma" notice, and formal opposition after the appellate court issues an alternative writ or order to show cause) (see chaps 21, 23), filing a replication or reply (see chap 23), the various procedural options available to the court of appeal (ranging from summary denial before any opposition is filed, to deciding the writ petition on the merits after full briefing and oral argument) (see chaps 22, 24), and challenging the court of appeal's decision (see chap 25). Part II also includes chapters on petitions for writs of supersedeas (which seek a stay of a superior court judgment on appeal) (see chap 26) and petitions for review by the California Supreme Court. See chap 27. The final chapter of Part II includes exemplar pleadings and documents commonly filed in appellate court writ proceedings. See chap 28.

"CP-33880."
Includes index.
Updates and compilation of chapters written by multiple authors who vary from iteration to iteration.

Print edition.

Print version: California civil writ practice. 4th ed. Oakland, Calif. : Continuing Education of the Bar, California, ©2008-

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OnLaw (CEB)

English

Electronic reproduction. Oakland, Calif. : CEB, 2008.

9780762613052 (online)
076261305X (online)

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