4-2. What does it mean if the writ panel issues a summary denial, alternative writ, order to show cause, or a peremptory writ?

The writ panel discusses the merits of the writ petition at the writ conference and decides upon an appropriate remedy. The writ panel has a number of procedural options.

A. Summary Denial. The writ panel may deny the writ petition without opposition, or the writ panel may issue an order denying the writ after preliminary opposition has been filed or after the deadline for preliminary opposition has passed.

1. The writ petition or stay request may be summarily denied if the petitioner doesn't submit an adequate record or explain why some documents are missing and what they would have contained. The writ petition or stay request also may be rejected or delayed if the petitioner doesn't meet other procedural requirements for service (including personal service for requests for emergency stays), verification, certificate of interested entities. (Rules 8.490(c)(5).) If a transcript of the hearing has been ordered, but is not yet available, the writ petition may be delayed until the transcript arrives. (Rule 8.490(c)(2).)
2. There is no right to an oral argument for a summary denial.
3. A summary denial of a writ petition is final immediately, and the court loses jurisdiction over the matter. (Rule 8.264(b)(2)(A).)

B. Alternative Writ. The writ panel may issue an alternative writ to provide the superior court with a second chance to change its ruling. The alternative writ directs the petitioner to serve the alternative writ upon the superior court and provides the court an additional period of time in which to comply with the alternative writ.

1. If the superior court reverses its ruling, the writ petition will be denied as moot. The petitioner should immediately notify the Court of Appeal if the superior court complies with the alternative writ.
2. If the superior court does not comply with the alternative writ, the alternative writ usually will specify a deadline for a return to be filed by the real party in interest, and for an optional reply to be filed by petitioner. (Rule 8.490(h)(3).) [Note: if the court does not set a deadline, the return is due with 30 days, and the reply is due within 15 days.] (Rule 8.490(h).) The alternative writ also may set a date for oral argument, and the matter ultimately will be decided by written opinion with reasons stated. The opinion becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rules 8.264(b)(1), 8.264(b)(3).)

C. Order to Show Cause. If the Court of Appeal wants further briefing and argument on the issues raised by the writ petition, the court will directly issue an order to show cause (OSC) to the real party in interest without issuing an alternative writ. The order to show cause will specify a deadline for the real party's "return." and for the petitioner's reply. (Rule 8.490(h).) The order to show cause also may set a date for oral argument. The court will file a written opinion whether or not relief is granted. The opinion becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rules 8.264(b)(1), 8.264(b)(3).)

D. Peremptory Writ. Peremptory writs are reserved for exceptional situations where either (i) some "unusual urgency" justifies acceleration of the normal writ process or (ii) petitioner's entitlement to relief is "so obvious that no purpose could reasonably be served by plenary consideration of the issue." This may occur where there has been clear error under well-settled principles of law and undisputed facts. (See Lewis v. Superior Court (1999) 19 Cal.4th 1232.)

1. "Palma Notice". The Court of Appeal will not issue a peremptory writ in the first instance unless you have been given what is called a "Palma notice." (The name of the notice comes from the California Supreme Court decision in Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.) The Palma notice puts the real party in interest on notice that the court may issue a peremptory writ in the first instance, without a prior alternative writ.
   1. You may receive a Palma notice in the prayer of the petition itself if the petitioner asks the Court of Appeal to issue a peremptory writ in the first instance.
   2. The Court of Appeal may issue a Palma notice by separate court order.
2. The court may (or may not) decide to have oral argument on peremptory writs.
3. A written opinion granting a peremptory writ in the first instance becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rules 8.264(b)(1), 8.264(b)(3).)