4-9. What is the procedure for a writ in a limited civil case?

A. Filing with the Appellate Division. You should file a writ petition challenging a ruling in a limited civil case with the Appellate Division of the Orange County Superior Court, not with the Court of Appeal. That is because the Appellate Division is the next higher court capable of granting relief.

1. Click here (PDF) for more information about appeals to the Appellate Division of the Orange County Superior Court.
2. The rules for appeals to the Appellate Division are contained at Rule 8.750 to Rule 8.773.

B. Filing with the Court of Appeal.

1. If you do choose to file a writ petition with the Court of Appeal from a ruling in a limited civil case, you must indicate whether you have previously filed with the Appellate Division and, if yes, how the Appellate Division ruled. Attach a copy of the Appellate Division's decision.
2. If you have not previously filed with the Appellate Division you must specify the extraordinary circumstances making it proper to file the petition with the Court of Appeal in the first instance. (Rule 8.490(b)(1).)
3. Since the Appellate Division is the proper forum for appellate review of rulings in limited civil cases, you probably cannot get a "second bite at the apple" from the Court of Appeal. Your writ petition should explain why your case involves a public interest issue of statewide importance, or why writ review by the Court of Appeal is necessary to settle an important question of law.