California Law (Last Updated: March 4, 2014) |
Code of Civil Procedure - CCP |
Part 1. OF COURTS OF JUSTICE |
Title 1. ORGANIZATION AND JURISDICTION |
Chapter 5.5. Small Claims Court |
ARTICLE 7. Motion to Vacate, Appeal, and Related Matters |
Section 116.798.
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(a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a postjudgment enforcement order, may be heard by a judge who is assigned to the appellate division of the superior court.
(2) A petition described by paragraph (1) may also be heard by the court of appeal or by the Supreme Court.
(3) Where a judge described in paragraph (1) grants a writ directed to the small claims division, the small claims division is an inferior tribunal for purposes of Title 1 (commencing with Section 1067) of Part 3.
(4) The fee for filing a writ petition in the superior court under paragraph (1) is the same as the fee for filing a notice of appeal under Section 116.760.
(5) The Judicial Council shall promulgate procedural rules for a writ proceeding under paragraph (1).
(6) An appeal shall not be taken from a judgment granting or denying a petition under paragraph (1) for issuance of a writ. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment.
(b) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of a superior court in a small claims appeal may be heard by the court of appeal or by the Supreme Court.
(c) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to a postjudgment enforcement order of the small claims division may be heard by the appellate division of the superior court, by the court of appeal, or by the Supreme Court.