2007 California Code of Civil Procedure Chapter 3. Writ Of Prohibition

CA Codes (ccp:1102-1105)


SECTION 1102-1105

1102. The writ of prohibition arrests the proceedings of any
tribunal, corporation, board, or person exercising judicial
functions, when such proceedings are without or in excess of the
jurisdiction of such tribunal, corporation, board, or person.

1103.  (a) A writ of prohibition may be issued by any court to an
inferior tribunal or to a corporation, board, or person, in all cases
where there is not a plain, speedy, and adequate remedy in the
ordinary course of law.  It is issued upon the verified petition of
the person beneficially interested.
   (b) The appellate division of the superior court may grant a writ
of prohibition directed to the superior court in a limited civil case
or in a misdemeanor or infraction case.  Where the appellate
division grants a writ of review directed to the superior court, the
superior court is an inferior tribunal for purposes of this chapter.

1104. The writ must be either alternative or peremptory.  The
alternative writ must command the party to whom it is directed to
desist or refrain from further proceedings in the action or matter
specified therein, until the further order of the court from which it
is issued, and to show cause before such court at a time and place
then or thereafter specified by court order why such party should not
be absolutely restrained from any further proceedings in such action
or matter.  The peremptory writ must be in a similar form, except
that the words requiring the party to show cause why he should not be
absolutely restrained must be omitted.

1105.  The provisions of the preceding Chapter, except of the first
four sections thereof, apply to this proceeding.

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