Amended by Stats. 2002, Ch. 784, Sec. 74. Effective January 1, 2003.
appellate division grants a writ of review directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.
California Code of Civil Procedure — §§ 1067.-1077
Amended by Stats. 2002, Ch. 784, Sec. 74. Effective January 1, 2003.
appellate division grants a writ of review directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.
Amended by Stats. 1907, Ch. 328.
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.
Added by Stats. 1971, Ch. 1475.
The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter.
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.
Amended by Stats. 1963, Ch. 461.
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.
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.
The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court.
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.
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.
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.
A copy of the judgment, signed by the Clerk, entered upon or attached to the writ and return, constitute the judgment roll.