2009 California Code of Civil Procedure - Section 1067-1077 :: Chapter 1. Writ Of Review

[1067.]  Section Ten Hundred and Sixty-seven. The writ of certiorari
may be denominated the writ of review.

1068.  (a) A writ of review may be granted by any court when an
inferior tribunal, board, or officer, exercising judicial functions,
has exceeded the jurisdiction of such tribunal, board, or officer,
and there is no appeal, nor, in the judgment of the court, any plain,
speedy, and adequate remedy.
   (b) The appellate division of the superior court may grant a writ
of review 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.

1069.  The application must be made on the verified petition of the
party beneficially interested, and the court may require a notice of
the application to be given to the adverse party, or may grant an
order to show cause why it should not be allowed, or may grant the
writ without notice.

1069.1.  The provisions of Section 1089 as to a return by demurrer
or answer apply to a proceeding pursuant to this chapter.

1070.  The writ may be directed to the inferior tribunal, Board, or
officer, or to any other person having the custody of the record or
proceedings to be certified. When directed to a tribunal, the Clerk,
if there be one, must return the writ with the transcript required.

1071.  The writ of review must command the party to whom it is
directed to certify fully to the court issuing the writ at a time and
place then or thereafter specified by court order a transcript of
the record and proceedings (describing or referring to them with
convenient certainty), that the same may be reviewed by the court;
and requiring the party, in the meantime, to desist from further
proceedings in the matter to be reviewed.

1072.  If a stay of proceedings be not intended, the words requiring
the stay must be omitted from the writ; these words may be inserted
or omitted, in the sound discretion of the Court, but if omitted, the
power of the inferior Court or officer is not suspended or the
proceedings stayed.

1073.  The writ must be served in the same manner as a summons in
civil action, except when otherwise expressly directed by the Court.

1074.  The review upon this writ cannot be extended further than to
determine whether the inferior tribunal, Board, or officer has
regularly pursued the authority of such tribunal, Board, or officer.

1075.  If the return of the writ be defective, the Court may order a
further return to be made. When a full return has been made, the
Court must hear the parties, or such of them as may attend for that
purpose, and may thereupon give judgment, either affirming or
annulling, or modifying the proceedings below.

1076.  A copy of the judgment, signed by the Clerk, must be
transmitted to the inferior tribunal, Board, or officer having the
custody of the record or proceeding certified up.

1077.  A copy of the judgment, signed by the Clerk, entered upon or
attached to the writ and return, constitute the judgment roll.