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Petition For Writ (Misdemeanor Infraction Or Limited Civil Case) Form. This is a California form and can be use in Appellate Judicial Council.
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Tags: Petition For Writ (Misdemeanor Infraction Or Limited Civil Case), APP-151, California Judicial Council, Appellate
APP-151 Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) Clerk stamps date here when form is filed. Petitioner (fill in the name of the person asking for the writ) v. Superior Court of California, County of Clerk will fill in the number below: Respondent (fill in the name of the court whose action or ruling you are challenging) Appellate Division Case Number: Real Party in Interest (fill in the name of any other parties in the trial court case) Stay requested (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 8.9708.977. 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 California Rules of Court, rules 8.9308.936 Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) APP-151, Page 1 of 7 American LegalNet, Inc. www.FormsWorkFlow.com Appellate Division Case Name: Appellate Division Case Number: 1 Your Information a. Petitioner (the party who is asking for the writ): Name: Street address: Street City Street City State State Zip Zip Mailing address (if different): Phone: E-mail: b. Petitioner's lawyer (skip this if the petitioner does not have a lawyer for this petition): Name: Street address: Street City Street City State State Zip Zip State Bar number: Mailing address (if different): Phone: Fax: E-mail: 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 5 The trial court took this action or made this ruling on the following date (fill in the date): If you are filing this petition more than 30 days after the date that you listed in 4 , explain the extraordinary circumstances that caused the delay in filing this petition: Revised January 1, 2017 Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) APP-151, Page 2 of 7 American LegalNet, Inc. www.FormsWorkFlow.com Appellate Division Case Name: Appellate Division Case Number: The Parties in the Trial Court Case 6 I/My client (check and fill in a or b): a. b. was a party in the case identified in 2 . 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 Yes (fill in the appellate division case number of the appeal): b. Have you filed a previous petition for a writ challenging this trial court action or ruling? (Check and fill in a or b): No a. Yes (Please provide the following information about this previous petition). b. (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.") 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 sectio