4-6. How do I oppose a writ?

A. Preliminary Opposition. You are not required to oppose a writ petition, and you may elect to wait until invited to do so by the court. The court ordinarily will not issue an alternative writ, order to show cause or a peremptory writ without first inviting a response from you by written order.

1. Filing. Unless the court specifies a different due date, your preliminary opposition should be served and filed within 10 days after the petition is filed. (Rule 8.490(g)(1).) Opposition to a petition for writ of supersedeas is due within 15 days, unless the court orders a different time. (Rule 8.112(b)(1).) There are no filing fees.
2. Certificate of Interested Entities. Include a copy of the Certificate of Interested Entities or Persons in your preliminary opposition, or, if no opposition is filed, in your return, if any. (CRC 8.490(i).)
3. Contents. Your preliminary opposition should explain or correct any factual or legal inadequacies in the petition, and should point out why writ relief is not appropriate or why the petitioner has other remedies. The preliminary opposition need not contain a full-blown legal analysis. If necessary, you will have another chance when you file your return.
4. Formatting. The preliminary opposition is bound by a red cover. (Rule 8.40(b)(1).) It may be relatively informal, and should explain why there is no urgency, or why the case is too complex or disputed to permit such a summary remedy.
5. "Palma Notice." Where you receive a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance), your opposition should fully and completely brief the legal and factual issues, since this may be your only opportunity to do so. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)

B. Return. You should file a return if the court issues an order to show cause, or an alternative writ. (Rule 8.490(h).)

1. Certificate of Interested Entities. Include a copy of the Certificate of Interested Entities or Persons if you did not previously include it in your preliminary opposition, if any. (Rule 8.490(i).)
2. Filing. The return is due on the date specified by the court; if no date is specified, the return is due within 30 days after the court issues the alternative writ or order to show cause. (Rule 8.490(h)(2).) The return is deemed filed when received by the clerk's office. The special rules for overnight delivery of briefs do not apply to writs. (Rule 8.25(b)(4).) There are no filing fees.
3. Formatting. The return, like the petition, is a pleading, and should contain the return itself (in the form of an verified answer, demurrer or both), a table of contents and table of authorities, a legal memorandum of points and authorities, and a certificate of the word count, not to exceed 14,000 words. (Rules 8.204(c)(1), 8.490(a)(1).) Use a red cover. (Rule 8.40(b)(1).)
4. Verification. The return should include a statement of "any material fact not included in the petition," but if you do include such facts, you must verify them. (Rule 8.490(g)(2), 8.490(h)(1).) Also use the verified answer to deny any material facts alleged in the petition. Without a verified answer, the court may accept petitioner's factual allegations as true.
5. "Palma Notice." Where you receive a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance), your return should fully and completely brief the legal and factual issues, since this may be your only opportunity. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)