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SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
For information about requests for writs relating to
postjudgment enforcement actions, see rules 8.930–
8.936 of the California Rules of Court and
Information on Writ Proceedings in Misdemeanor,
Infraction, and Limited Civil Cases (form APP-150-
INFO). Matters relating to enforcement of small
claims judgments are treated in the same manner as
enforcement of judgments in limited (smaller) civil
cases.
For information about requests for writs relating to
actions of the superior court on small claims appeals,
see rules 8.485–8.493 of the California Rules of
Court. Those requests should be made to the Court
of Appeal.
You can get these rules and forms at any courthouse or
county law library or online at www.courts.ca.gov/rules
for the rules or www.courts.ca.gov/forms for the forms.
You can get copies of statutes at any county law library
or online leginfo.legislature.ca.gov/faces/codes.xhtml.
What is a writ?
writ is an order from a higher court telling a lower
court to do something the law says the lower court must
do, or not to do something the law says the lower court
does not have the power to do. In writ proceedings in the
appellate division, the lower court is the small claims
court that took the action or issued the order being
challenged.
n this information sheet, we call the lower court the
“small claims court.”
Are there different kinds of writs?
es. There are three main kinds of writs:
Writs of mandate (sometimes called “mandamus”),
which are orders telling the small claims court to do
something.
Writs of prohibition, which are orders telling the
small claims court not to do something.
Writs of review (sometimes called “certiorari”),
which are orders telling the small claims court that a
judge in the appellate division will review certain
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GENERAL INFORMATION
What does this information sheet cover?
his information sheet tells you about writ
proceedings—proceedings in which a person is asking
for a writ of mandate, prohibition, or review—in small
claims cases. Please read this information sheet before
you fill out Petition for Writ (Small Claims) (form SC-
300). This information sheet does not cover everything
you may need to know about writ proceedings. It is only
meant to give you a general idea of the writ process. To
learn more, you should read the California Rules of
Court identified below, which set out the procedures for
writ proceedings in the different courts that consider
request for writs in small claims cases.
his information sheet does NOT provide information
about motions to vacate a judgment or appeals in small
claims cases, or about requests for writs on all types of
rulings in a small claims case.
For information about making a motion to cancel or
correct a judgment in small claims court, please see
Code of Civil Procedure sections 116.720–116.745
and Notice of Motion to Vacate Judgment and
Declaration (form SC-135).
For information about appealing a small claims
judgment, which you can only do if you disagree
with a judgment ordering you to pay money, please
see Code of Civil Procedure sections 116.710,
116.750–116.795, rules 8.950–8.966 of the
California Rules of Court and What to Do After the
Court Decides Your Small Claims Case (form SC-
200-INFO).
hile this information sheet provides general
information about writs and writ procedures, the
procedures it describes do NOT apply to writs in all
small claims cases. These procedures only apply to
requests for writs relating to actions of the small claims
court other than postjudgment enforcement actions.
These requests will be considered by a single judge from
the appellate division of the superior court. The
procedures are set out in more detail in rules 8.970–
8.977 of the California Rules of Court.
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SC-300-INFO, Page 1 of 11
Judicial Council of California, www.courts.ca.gov
New January 1, 2016, Optional Form
California Rules of Court, rules 8.970—8.977
Information on Writ Proceedings in
Small Claims Cases
small claims court’s ruling is correct; the person who
requests the writ must show the appellate division judge
that the small claims court made the legal error the
person is claiming.
Can a writ be used to address any
errors made by a small claims court?
rits are not generally granted regarding small claims
cases. The small claims courts exists to provide a speedy
and inexpensive way for a party to obtain a judgment.
This works in part by limiting what a party can do after
the small claims court makes its rulings.
hen a person or business chooses to make a claim in
small claims court, rather than filing in a different level
of the superior court, that party—the plaintiff—gives up
the right to ask for an appeal of the small claims court’s
rulings. This is a trade-off for the faster, less formal, and
less expensive court proceedings. As a result, appellate
courts have been reluctant to consider requests for writs
in small claims cases.
defendant in a small claims case does have the right to
appeal the initial small claims court decisions and get a
new trial in the superior court. Because the defendant
already has this right to have the case heard again,
including putting on the evidence and being represented
by an attorney if defendant wants to hire one, appellate
courts are unlikely to see any need for a writ instead.
owever, the appellate division judge does have the
discretion to consider a request for an extraordinary writ
challenging a ruling in a small claims case. For example,
the judge may do so if he or she considers the issue
raised to be of statewide importance, or in order to make
sure that the small claims division is generally being
consistent in how it is acting under the law. Not every
legal or factual error made by a small claims judge will
form a ground for the granting of a writ.
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kinds of actions already taken by the small claims
court.
here are laws (statutes) that you should read concerning
each type of writ: see California Code of Civil Procedure
sections 1084–1097 about writs of mandate, sections
1102–1105 about writs of prohibition, and sections
1067–1077 about writs of review.
Is a writ proceeding the same as
an appeal?
o. Generally, in an appeal, the higher court must
consider the parties’ arguments and decide whether the
trial court made the legal error claimed by the appealing
party and whether the trial court’s decision should be
overturned based on that error (this is called a “decision
on the merits”). In choosing to go to small claims court,
the party filing a claim agreed to give up the right to an
appeal in exchange for a less formal and less expensive
way of proceeding. The defendant in a small claim case
does have the right to an appeal, in the form of a new
trial, and if the defendant asks for one, the higher court
must allow a new trial on all the claims in the case, with
each side presenting evidence.
n a writ proceeding, the appellate division judge is not
required to make a decision on the merits or hold a new
trial. Even if the small claims court made a legal error,
the appellate division judge can decide not to consider
that error, and usually will not. Most requests for writs
are denied without a decision on the merits (this is called
a “summary denial”). Because of this, a writ proceeding
is often called a proceeding for “extraordinary” relief,
while a judgment by the small claims court, or possibly a
new trial at superior court for the defendant, is the
ordinary way that small claims court cases end.
Is a writ proceeding a new trial?
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SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
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No. A writ proceeding is NOT a new trial. The
appellate division judge will not consider new evidence,
such as the testimony of new witnesses. Instead, if he or
she does not summarily deny the request for a writ, the
appellate division judge reviews what happened in the
small claims court and the small claims court’s ruling to
see if the small claims court made the legal error claimed
by the person asking for the writ. In conducting this
review, the appellate division judge presumes that the
_____________________________________________________________________________
SC-300-INFO, Page 2 of 11
Revised January 1, 2016
rits can only address certain legal errors. Writs can
only address the following types of legal errors made by
a small claims court:
Information on Writ Proceedings in
Small Claims Cases
o Refuses to act
o Has not done what the law says it must do
The small claims court has a legal duty to act but:
party in interest, you should read “Information for a Real
Party in Interest,” beginning on page 8.
Do I need a lawyer to represent me in
a writ proceeding?
ou do not have to have a lawyer; you are allowed to
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
have to follow. If you have any questions about the writ
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
provide one). You can get information about finding a
lawyer on the California Courts Online Self-Help Center
at www.courts.ca.gov/selfhelp-lowcosthelp.htm. You
may also get help from the small claims advisors in your
county if available. Ask the court how to contact them or
look for contact information at www.courts.ca.gov
/selfhelp-advisors.htm.
INFORMATION FOR THE PETITIONER
his part of the information sheet is written for the
petitioner—the party asking for the writ. It explains
some of the rules and procedures relating to asking for a
writ. The information may also be helpful to a real party
in interest. There is more information for a real party in
interest starting on page 8 of this information sheet.
Who can ask for a writ?
arties—the plaintiff or defendant— are usually the only
ones that ask for writs challenging small claims court
rulings. However, in most cases, a person who was not a
party does have the legal right to ask for a writ if that
person has a “beneficial interest” in the small claims
court’s ruling. A “beneficial interest” means that the
person has a specific right or interest affected by the
ruling that goes beyond the general rights or interests the
public may have in the ruling.
How do I ask for a writ?
o ask for a writ you must serve and file a petition for a
writ (see below for an explanation of how to “serve and
file” a petition). A petition is a formal request that the
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o Has acted in a way the law says it does not have
the power to act
The small claims court has performed or says it is
going to perform a judicial function (like deciding a
person’s rights under law in a particular case) in a
way that the court does not have the legal power to
do.
Can the appellate division consider a
request for a writ in any small claims
case?
o. Different courts have the power (called
“jurisdiction”) to consider requests for writs in different
types of cases. Requests for writs in small claims cases
may be considered in one of three different ways,
depending on the stage of the case:
Requests for writs relating to actions of the
small claims division other than postjudgment
enforcement orders are considered by a single
judge in the appellate division. This covers
requests for writs on any rulings relating to the
initial small claims trial, including the judgment.
Requests for writs relating to superior court
actions in small claims cases on appeal are not
considered by the appellate division, but by the
Court of Appeal.
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
or at a new trial in the superior court, are
considered by the appellate division.
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Who are the parties in a writ proceeding?
f you are asking for the writ, you are called the
PETITIONER. You should read “Information for the
Petitioner,” beginning on the right side of this page.
he 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
cases, the small claims court is the respondent.
Any other party in the small claims court case who
would be affected by a ruling regarding the request for a
writ is a REAL PARTY IN INTEREST. If you are a real
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SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
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SC-300-INFO, Page 3 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
o Has acted in a way the law says it does not have
the power to act
The small claims court has performed or says it is
going to perform a judicial function (like deciding a
person’s rights under law in a particular case) in a
way that the court does not have the legal power to
do.
o show the appellate division judge that the small
claims court made one of these legal errors, you will
need to:
Show that the small claims court has the legal duty
or the power to act or not act in a particular way.
You will need to tell the appellate division judge
what legal authority—what constitutional provision,
statute, rule, or published court decision—
establishes the small claims court’s legal duty or
power to act or not act in that way.
Show the appellate division judge that the small
claims court has not acted in the way that this legal
authority says the court is required to act. You will
need to tell the appellate division judge what
happened in the small claims court that shows that
the small claims court did not act in the way it was
required to. If the petition raises an issue that would
require the appellate division judge to consider what
was said in the small claims court, you will need to
write a complete and accurate summary of what was
said by you and others, including the court, that is
relevant to your request for a writ.
You can provide this information and the summary
of what was said at item 10 of the petition and, as
instructed there, you can add additional pages if
more room is needed. Note that you will be
providing this information, and everything in the
petition, under penalty of perjury.
. Description of why you need the writ
ne of the most important parts of your petition is
explaining to the appellate division why you need the
writ you have requested. Remember, the appellate
division judge does not have to grant your petition just
because the small claims court made an error. You must
convince the appellate division that it is important for it
to issue the writ.
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appellate division issue a writ. A petition for a writ
explains to the appellate division what happened in the
small claims court, what legal error you (the petitioner)
believe the small claims court made, why you have no
other adequate remedy at law, and what order you are
requesting the appellate division to make.
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How do I prepare a writ petition?
If you are represented by a lawyer, your lawyer will
prepare your petition for a writ. If you are not
represented by a lawyer, you must use Petition for Writ
(Small Claims) (form SC-300) to prepare your petition.
You can get it at any courthouse or county law library or
online at www.courts.ca.gov/forms. This form asks you
to fill in the information that needs to be in a writ
petition.
. Description of your interest in the small
claims court’s ruling
our petition needs to tell the appellate division judge
why you have a right to ask for a writ in the case. As
discussed above, usually only a person who was a party
in the small claims court case asks for a writ challenging
a ruling in that case. If you were a party in the small
claims court case, say that in your petition. If you were
not a party, you will need to describe what “beneficial
interest” you have in the small claims court’s ruling. A
“beneficial interest” means that you have a specific right
or interest affected by the ruling that goes beyond the
general rights or interests the public may have in the
ruling. To show the appellate division judge that you
have a beneficial interest in the ruling you want to
challenge, you must describe how the ruling will affect
you in a direct and negative way.
. Description of the legal error you believe the
small claims court made
our petition will need to tell the appellate division
judge what legal error you believe the small claims court
made. Not every mistake a small claims court might
make can be addressed by a writ. You must show that
the small claims court made one of the following types
of legal errors:
The small claims court has a legal duty to act but:
o Refuses to act
o Has not done what the law says it must do
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SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
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SC-300-INFO, Page 4 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
If you ask the appellate division judge for a stay, make
sure you also check the “Stay requested” box on the first
page of the Petition for Writ (Small Claims) (form SC-
300) and complete item 12c on that form.
. Verifying the petition
etitions for writs must be “verified.” This means that
the petitioner (or in certain circumstances the petitioner’s
attorney) must declare under penalty of perjury that the
facts stated in the petition are true and correct, must sign
the petition, and must indicate the date that the petition
was signed. On the last page of the Petition for Writ
(Small Claims) (form SC-300), there is a place for you to
verify your petition.
Is there anything else that I need to
serve and file with my petition?
es. Along with the petition, you must serve and file
documents showing what happened in the small claims
court (see below for an explanation of how to serve and
file the petition and other documents). Because the
appellate division judge was not there in the small
claims court, copies of certain documents from that court
that show what happened must be sent to the appellate
division judge. These are called “supporting
documents.” You must also serve any other party in this
case, the real party in interest, with a copy of this form
Information on Writ Proceedings in Small Claims Cases
(form SC-300-INFO).
opies of documents from the small claims court.
Copies of the following documents from the small
claims court must also be included in the supporting
documents:
The small claims court ruling or judgment being
challenged in the petition
All documents and exhibits submitted to the small
claims court supporting and opposing your 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 of the ruling being challenged
hat if I cannot get copies of the documents from the
small claims court because of an emergency? Rule
8.972 of the California Rules of Court provides that in
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Your petition needs to show that a writ is the only way
to fix the small claims court’s error. To convince the
court you need the writ, you will need to show the
appellate division judge that you have no way to fix the
small claims court’s error other than through a writ (this
is called having “no adequate remedy at law”).
his will be hard to show if the small claims court’s
ruling can be appealed and a new trial held. If you are a
defendant and the ruling you are challenging can be
appealed, the appellate division will generally consider
this new trial to be a good enough way to fix the small
claims court’s ruling (an “adequate remedy”). You will
need to show the appellate division judge how you will
be harmed by the small claims court’s error in a way that
cannot be fixed by the new trial if the appellate division
judge does not issue the writ (this is called “irreparable”
injury or harm). For example, the harm you want to
prevent may happen before the new trial can be held.
ven if you cannot appeal the ruling you are objecting
to, the appellate division judge still does not have to
grant the petition. As described above, small claims
decisions are meant to be speedy and inexpensive, so
appellate review is generally not granted in these cases.
You will need to explain why your case should be
treated differently.
. Description of the order you want the
appellate division to make
our petition needs to describe what you are asking the
appellate division judge to order the small claims court
to do or not do. Writ petitions usually ask that the small
claims court be ordered to cancel (“vacate”) its ruling,
issue a new ruling, or not take any steps to enforce its
ruling.
If you want the appellate division judge to order the
small claims court not to do anything more until the
appellate division judge decides whether to grant the
writ you are requesting, you must ask for a “stay.” If you
want a stay, you should first ask the small claims court
for a stay. You should tell the appellate division judge
whether you asked the small claims court for a stay. If
you did not ask the small claims court for a stay, you
should tell the appellate division judge why you did not
do this. This information is requested in the petition
form.
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SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
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SC-300-INFO, Page 5 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
How do I “serve” my petition?
ule 8.972(d) requires that the petition with the attached
supporting documents, along with a copy of this form,
be served on any named real party in interest and that the
petition be served on the respondent small claims court.
“Serving” a petition on a party means that you must:
Have somebody over 18 years old who is not a party
to the case—so not you—mail or deliver (“serve”)
the petition to the real party in interest and the
respondent court in the way required by law.
Make a record that the petition has been served. This
record is called a “proof of service.” Proof of Service
(Appellate Division) (form APP-109) can be used to
make this record. The proof of service must show
who served the petition, who was served with the
petition, how the petition was served (by mail or in
person), and the date the petition was served.
ou 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.
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How do I file my petition?
o file a petition for a writ, you must bring or mail the
original petition, including the supporting documents
and the proof of service, to the clerk for the appellate
division of the superior court that made the ruling you
are challenging. If the superior court has more than one
courthouse location, you should call the clerk at the
courthouse where the ruling you are challenging was
made to ask where to file your petition.
ou should make a copy of all the documents you are
planning to file for your own records before you file
them with the court. It is a good idea to bring or mail an
extra copy of the petition to the clerk when you file your
original and ask the clerk to stamp this copy to show that
the original has been filed.
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Do I have to pay to file a petition?
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ormat of the supporting documents. Supporting
documents must be put in the format required by rule
8.972 of the California Rules of Court. You should
carefully read rule 8.972. You can get a copy of rule
8.972 at any courthouse or county law library or online
at www.courts.ca.gov/rules.
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Is there a deadline to ask for a writ?
es. There are laws (statutes) that require that certain
kind of rulings may only be challenged using a writ
proceeding. These are called “statutory writs” and the
statute usually sets the deadline for serving and filing the
petition. For example, a writ challenging a ruling on a
motion to disqualify a judge (see California Code of
Civil Procedure section 170.3(d)) must be filed within
10 days after notice to the parties of the decision. You
will need to check whether there is a statute providing a
deadline for filing a challenge to the specific ruling you
are challenging. (You can find copies of statutes at any
county law library or online at leginfo.legislature.ca.gov
/faces/codes.xhtml).
f there is not a statute specifically providing for a writ
proceeding to challenge a particular ruling, or if the
statute does not set a deadline, you should file the
petition as soon as possible and not later than 30 days
after the court makes the ruling that you are challenging
in the petition. While there is no absolute deadline for
filing these petitions, writ petitions are usually used
when it is urgent that the small claims court’s error be
fixed. Remember, the appellate division judge is not
required to grant your petition even if the small claims
court made an error. If you delay in filing your petition,
it may make the appellate division judge think that it is
not really urgent that the small claims court’s error be
fixed and the appellate division judge may deny your
petition. If there are extraordinary circumstances that
delayed the filing of your petition, you should explain
these circumstances to the appellate division judge in
your petition.
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Information on Writ Proceedings in Small Claims Cases
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extraordinary circumstances the petition may be filed
without copies of the documents from the small claims
court. If the petition is filed without these documents,
you must explain in your petition the urgency and the
circumstances making the documents unavailable.
es. 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
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SC-300-INFO, Page 6 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
c. Alternative writ or order to show cause
n “alternative writ” is an order telling the small claims
court either to do what the petitioner has requested in the
petition (or some modified form of what the petitioner
requested) or to show the appellate division judge why
the small claims court should not be ordered to do what
the petitioner requested. An “order to show cause” is
similar; it is an order telling the small claims court to
show the appellate division judge why the small claims
court should not be ordered to do what the petitioner
requested in the petition (or some modified form of what
the petitioner requested). The appellate division judge
will issue an alternative writ or an order to show cause
only if the petitioner has shown that he or she has no
adequate remedy at law and the appellate division judge
has decided that the petitioner may have shown that the
small claims court made a legal error that needs to be
fixed.
f the appellate division judge issues an alternative writ
and the small claims court does what the petitioner
requested (or a modified form of what the petitioner
requested as ordered by the appellate division judge),
then no further action by the appellate division judge is
needed and the appellate division may dismiss the
petition.
f the small claims court does not comply with an
alternative writ, however, or if the appellate division
judge issues an order to show cause, then the respondent
court or a real party in interest can file a response to the
appellate division judge’s order (called a “return”) that
explains why the small claims court should not be
ordered to do what the petitioner requested. The return
must be served and filed within the time specified by the
appellate division judge or, if no time is 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 within 15 days after
the return is filed. The appellate division judge 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 any oral argument is completed, the
appellate division will decide the case.
. Peremptory writ in the first instance
“peremptory writ in the first instance” is an order
telling the small claims court to do what the petitioner
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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 either before you file your petition or with
your petition. The court will review this application and
decide whether to waive the filing fee.
What happens after I file my petition?
ithin 10 days after you serve and file your petition, the
respondent or any real party in interest can serve and file
a preliminary opposition to the petition.
he appellate division judge does not have to wait for an
opposition before acting on a petition for a writ,
however. Without waiting, the appellate division judge
can:
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Issue a stay.
. Summarily deny the petition.
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Issue an alternative writ or order to show cause.
. Notify the parties that he or she is considering
issuing a peremptory writ in the first instance.
Issue a peremptory writ in the first instance if such
relief was expressly requested in the petition.
ead below for more information about these options.
. Stay of small claims court proceedings
stay is an order from the appellate division judge
telling the small claims court not to do anything more
until the appellate division judge decides whether to
grant your petition. A stay puts the small claims court
proceedings on temporary hold.
. Summary denial
“summary denial” means that the appellate division
judge denies the petition without deciding whether the
small claims court made the legal error claimed by the
petitioner or whether the writ requested by the petitioner
should be issued based on that error. No reasons need to
be given for a summary denial. Most petitions for writs
are denied in this way.
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but you are not required to do this. The appellate
division judge can take certain actions without waiting
for any opposition, including:
Summarily denying the petition
Issuing an alternative writ or order to show cause
Notifying the parties that the judge is considering
issuing a peremptory writ in the first instance
Issuing a peremptory writ in the first instance if such
relief was expressly requested in the petition.
ead the response in section for more information
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about these options.
ost petitions for writs are summarily denied, often
within a few days after they are filed. If you have not
already received something from the appellate division
judge saying what action the judge is taking on the
petition, it is a good idea to call the appellate division to
see if the petition has been denied before you decide
whether and how to respond.
his would also be a good time to talk to a lawyer. You
do not have to have a lawyer; you are allowed to
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
have to follow. If you have any questions about writ
proceedings or about whether and how you should
respond to a writ petition, you should talk to a lawyer.
You must hire a lawyer at your own expense if you want
one (the court cannot provide one). You can get
information about finding a lawyer on the California
Courts Online Self-Help Center at www.courts.ca.gov
/selfhelp-lowcosthelp.htm. You may also get help from
the small claims advisors in your county if available.
Ask the court how to contact them or look for contact
information at www.courts.ca.gov/selfhelp-advisors.htm.
f the petition has not already been summarily denied,
you may, but are not required to, serve and file a
preliminary opposition to the petition within 10 days
after the petition was served and filed. The appellate
division judge will seldom grant a writ without first
issuing an alternative writ, an order to show cause, or a
notice that the judge is considering issuing a peremptory
writ. In all these circumstances, you will get notice from
the court and have a chance to file a response. Note that
R
M
T
I
has requested (or some modified form of what the
petitioner requested) that is issued without the appellate
division judge first issuing an alternative writ or order to
show cause. It is very rare for the appellate division
judge to issue a peremptory writ in the first instance, and
this will not be done unless the respondent and real
parties in interest have received notice that the judge
might do so, either through the petitioner expressly
asking for such relief in the petition or by the judge
giving the respondent court and any real party in interest
notice and a chance to file an opposition.
he respondent court or a real party in interest can file a
response to the appellate division judge’s notice (called
an “opposition”) that explains why the small claims
court should not be ordered to do what the petitioner has
requested. The opposition must be served and filed
within the time specified by the appellate division judge
or, if no time is specified, within 30 days from the date
the notice was issued. The petitioner will then have a
chance to serve and file a reply within 15 days after the
opposition is filed. The appellate division judge may
then 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 any oral argument is
completed, the appellate division judge will decide the
case.
INFORMATION FOR A REAL PARTY
IN INTEREST
his part of the information sheet is written for a real
party in interest—a party from the small claims court
case other than the petitioner who will be affected by a
ruling on a petition for a writ. It explains some of the
rules and procedures relating to responding to a petition
for a writ. The information may also be helpful to the
petitioner.
19
I have received a copy of a petition for
a writ in a case in which I am a party.
Do I need to do anything?
T
T
Y
ou do not have to do anything. The Code of Civil
Procedure and California Rules of Court give you the
right to file a preliminary opposition to a petition for a
writ within 10 days after the petition is served and filed,
_____________________________________________________________________________
SC-300-INFO, Page 8 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
I have received a copy of an alternative
writ or an order to show cause issued
by the appellate division judge. Do I
need to do anything?
es. Unless the small claims court has already done
what the alternative writ told it to do, you should serve
and file a response called a “return.”
s explained above, the appellate division judge will
issue an alternative writ or an order to show cause only
if the appellate division judge has decided that the
petitioner may have shown that the small claims court
made a legal error that needs to be fixed. An “alternative
writ” is an order telling the small claims court either to
do what the petitioner has requested in the petition (or
some modified form of what the petitioner requested) or
to show the appellate division judge why the small
claims court should not be ordered to do what the
petitioner requested. An “order to show cause” is
similar; it is an order telling the small claims court to
show the appellate division judge why the small claims
court should not be ordered to do what the petitioner
requested in the petition (or some modified form of what
the petitioner requested).
f the appellate division judge issues an alternative writ
and the small claims court does what the petitioner
requested (or a modified form of what the petitioner
requested as ordered by the appellate division judge),
then no further action by the appellate division judge is
needed and the appellate division judge may dismiss the
petition. If the small claims court does not comply with
an alternative writ, however, or if the appellate division
judge issues an order to show cause, then the small
claims court or the real party in interest may serve and
file a response to the appellate division judge’s order,
called a “return.”
return is your argument to the appellate division judge
20
Y
A
I
A
the appellate division judge may issue a peremptory writ
without notice if the petitioner expressly asked the court
to do so in the petition, that is, asked the court to issue a
peremptory writ in the first instance. If the petitioner did
that, you may want to consider whether to file a
preliminary opposition, to explain why you believe the
small claims court made no legal error and why the
petitioner is not entitled to a writ.
f you decide to file a preliminary opposition, you must
serve that preliminary opposition on all the other parties
to the writ proceeding. “Serving and filing” an
opposition means that you must:
Have somebody over 18 years old who is not a party
to the case—so not you—mail or deliver (“serve”)
the preliminary opposition to the other parties in the
way required by law.
Make a record that the preliminary opposition has
been served. This record is called a “proof of
service.” Proof of Service (Appellate Division) (form
APP-109) can be used to make this record. The
proof of service must show who served the
preliminary opposition, who was served with the
preliminary opposition, how the preliminary
opposition was served (by mail or in person), and
the date the preliminary opposition was served.
File the original preliminary opposition and the
proof of service with the appellate division. You
should make a copy of the preliminary 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 preliminary 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.
ou 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.
I
Y
about why the small claims court should not be ordered
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
_____________________________________________________________________________
SC-300-INFO, Page 9 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
Courts Online Self-Help Center at www.courts.ca.gov
/selfhelp-serving.htm.
I have received a copy of a notice from
the appellate division judge indicating it is
considering issuing a peremptory writ
in the first instance. Do I need to do
anything?
es. You should serve and file a response called an
“opposition.”
s explained in the answer to question , a
18
“peremptory writ in the first instance” is an order telling
the small claims court to do what the petitioner has
requested (or some modified form of what the petitioner
requested as ordered by the appellate division judge) that
is issued without the appellate division judge first
issuing an alternative writ or order to show cause. The
appellate division judge will seldom issue a peremptory
writ in the first instance without first giving the parties
notice and a chance to file an opposition. However,
when the appellate division judge issues such a notice, it
means that the appellate division judge is strongly
considering granting the writ requested by the petitioner.
n opposition is your argument to the appellate division
judge about why the small claims court should not be
ordered to do what the petitioner has requested. If you
are represented by a lawyer in the writ proceeding, your
lawyer will prepare your opposition. If you are not
represented by a lawyer, you will need to prepare your
own opposition. An opposition is a response to the legal
arguments made by the petitioner. Unless the appellate
division judge sets a different deadline in the notice that
the judge 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 who is not a party
to the case—so not you—mail or deliver (“serve”)
the opposition to the other parties in the way
required by law.
21
Y
A
A
to explain any legal defenses to the legal arguments
made by the petitioner. You should read California Code
of Civil Procedure sections 430.10–431.30 for more
information about responses and answers. You can get
copies of these statutes at any county law library or
online at leginfo.legislature.ca.gov/faces/codes.xhtml. A
return can also include additional supporting documents
not already filed by the petitioner.
f you do not file a return when the appellate division
judge issues an alternative writ or order to show cause, it
does not mean that the appellate division judge is
required to issue the writ requested by the petitioner.
However, the appellate division judge will treat the facts
stated by the petitioner in the petition as true, which
makes it more likely the appellate division judge will
issue the requested writ.
nless the appellate division judge sets a different filing
deadline in the alternative writ or order to show cause,
you must serve and file your return within 30 days after
the appellate division judge issues the alternative writ or
order to show cause. The return must be served on all the
other parties to the writ proceeding. “Serving and filing”
the return means that you must:
Have somebody over 18 years old who is not a party
to the case—so not you—mail or deliver (“serve”)
the return to the other parties in the way required by
law.
Make a record that the return has been served. This
record is called a “proof of service.” Proof of Service
(Appellate Division) (form APP-109) can be used to
make this record. The proof of service must show
who served the return, who was served with the
return, how the return was served (by mail or in
person), and the date the return was served.
File the original return and the proof of service with
the appellate division. You should make a copy of
the return 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 return to
the clerk when you file your original and ask the
clerk to stamp this copy to show that the original has
been filed.
I
U
Y
SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
ou 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
_____________________________________________________________________________
SC-300-INFO, Page 10 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
SC-300-INFO
Information on Writ Proceedings in Small Claims Cases
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.
ou 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?
fter 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.
Y
A
_____________________________________________________________________________
SC-300-INFO, Page 11 of 11
Revised January 1, 2016
Information on Writ Proceedings in
Small Claims Cases
Information on Writ Proceedings in Small Claims Cases
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About This Form:
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- Page(s): 11
- Fields(s): 25
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