Free APP-151 Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) - California

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. You can get forms for other

writs and for appeals at any courthouse or county law library or online at www.courtinfo.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.courtinfo.ca.gov/forms.
· Unless a special statute sets an earlier deadline, you should file this form no later than 60 days after the date the

superior 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) 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.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#serving.
· 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.

Judicial Council of California, www.courtinfo.ca.gov New January 1, 2009, Optional Form Cal. Rules of Court, rules 8.930­8.936

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

APP-151, Page 1 of 7
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Appellate Division Case Number:

Appellate Division Case Name:
1

Your Information
a. Petitioner (the party who is asking for the writ): Name: Street address:
Street Street City City State State Zip Zip

Mailing address (if different): Phone: ( )

E-mail (optional):

b. Petitioner's lawyer (skip this if the petitioner does not have a lawyer for this petition): Name: Street address:
Street Street City City

State Bar number:
State State Zip Zip

Mailing address (if different): Phone: ( ) ) E-mail (optional):

Fax (optional): (

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 60 days after the date that you listed in 4 , explain the extraordinary circumstances that caused the delay in filing this petition:

New January 1, 2009

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

APP-151, Page 2 of 7

Appellate Division Case Number:

Appellate Division Case Name: The Parties in the Trial Court Case
6 I/My client (check and fill in a or b): was a party in the case identified in 2 . a. was not a party in the case identified in 2 but will be directly and negatively affected in the following b. 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 section of the Constitution or statute, published court decision, or other legal authority) that says the trial court must do this:

New January 1, 2009

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

APP-151, Page 3 of 7

Appellate Division Case Number:

Appellate Division 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:

New January 1, 2009

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

APP-151, Page 4 of 7

Appellate Division Case Number:

Appellate Division 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):

New January 1, 2009

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

APP-151, Page 5 of 7

Appellate Division Case Number:

Appellate Division 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) (2) 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). 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. b. Yes, a transcript or an official electronic recording of what was said in the trial court is attached. 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) (2) stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed 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.

New January 1, 2009

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

APP-151, Page 6 of 7

Appellate Division Case Number:

Appellate Division 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. b. Yes, these documents are attached. 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

New January 1, 2009

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

APP-151, Page 7 of 7