§ 116.798. — 116.798. (Added by Stats. 2012, Ch. 470, Sec. 3.)

California § 116.798.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 1.
• Part 1.: TITLE 1. ORGANIZATION AND JURISDICTION
• Ch. 5.5.: CHAPTER 5.5. Small Claims Court
• Art. 7.: ARTICLE 7. Motion to Vacate, Appeal, and Related Matters

Text

(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.

Legislative History

Added by Stats. 2012, Ch. 470, Sec. 3. (AB 1529) Effective January 1, 2013.