Extraordinary Writs Directory of Forms Sample Petition Format

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Model Form: Extraordinary Writ Petition

PETITION FOR WRIT OF MANDATE/PROHIBITION AND OR OTHER

EXTRAORDINARY RELIEF AND FOR

STAY OF LOWER COURTS ORDER

TO THE HONORABLE JUSTICES OF THE COURT OF APPEAL
OF THE STATE OF CALIFORNIA, IN AND FOR
THE FIRST APPELLATE DISTRICT
[or other court as appropriate]
 

Preliminary Statement

Respondent court on the basis of a motion by ____________________________________________
[Succinct statement of nature of petition and relief sought.]

    Allegations:

        Petitioners, ___________________________________ , petitions this court for a Writ of Mandate or
Prohibition directed to Respondent [Superior] ____________ Court in and for the Northern District
|[and county of San Francisco] and a stay of the enforcement of the Respondent Court's order and by
this verified petition alleges:                                                     

1.    Petitioner is __________________ defendants in an action now pending in respondent's court
entitled _________________ , v. , No. __________________________.

2.      Respondent is now, and at all times mentioned in this petition, has been, the [inferior] _____________
court exercising judicial functions in connection with the action described above.

3.  Identification of Real Party In Interest: The real party in interest is:

4. Brief Statement of Facts:

5. Petitioners have no right of appeal from the order and does not have a plain, speedy, and
adequate remedy at law other than the relief sought in this petition.

6.    If the above order is not annulled, petitioners will be irreparable injured in that  _______________, and petitioner will be unduly prejudiced in preparation for trial.

                                                                        Prayer

WHEREFORE, petitioner prays that:

    1.    An alternative Writ of Mandate, Prohibition issue under the seal of this court commanding respondent court, its officers, agents, and all other persons acting through its orders, to vacate its order denying the motion for protective order and discovery sanctions, and to enter its order granting the motion for protective order and discovery sanctions; or to show cause before this court at a time, place, and manner thereafter specified court order why it has not done so and why a peremptory writ should not issue; and

    2.    On the return of the alternative writ and hearing on the order to show cause, a peremptory Writ of Mandate issue under the seal of this court compelling respondent to enter an order granting the motion for protective order and discovery sanctions or a Writ of Prohibition prohibiting the enforcement of the order.

    3. Award petitioner costs of this proceedings.

    4. That the court grant such other relief as may be just and proper.

VERIFICATION

 I,       [name], am the [ __________________________ ] plaintiff in the
above‑entitled action. I have read the foregoing complaint and know the
contents thereof. The same is true of my own knowledge, except as to those
matters which are therein alleged on information and belief. and, as to
those matters, I believe it to be true.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

____________________[date]                                                                       _________________________
                                                                                                                                       [signature

MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT OF PETITION FOR WRIT OF MANDATE/
PROHIBITION AND/OR OTHER EXTRAORDINARY RELIEF
REQUEST TO TAKE JUDICIAL NOTICE
AND FOR STAY OF LOWER COURT

REQUEST TO TAKE JUDICIAL NOTICE:

Petitioner requests that this court take judicial notice of the following: :

I.        STATEMENT OF FACTS

         [Chronological Recitation of all pertinent and relevant fats that you want court to consider and
         showing that you are entitled to relief]

II.      LEGAL ISSUES PRESENTED

          Whether ___________________

III.    SUPPORTING ARGUMENT AND AUTHORITIES

          A.    Standard of Review

IV. No Other Remedy:

      Petitioners have no right of appeal from the order and does not have a
      plain, speedy, and adequate remedy at law other than the relief sought in this petition.

V. Irreparable Injury:

    If the above order is not annulled, petitioners will be irreparable injured in that  _______________, and  
   petitioner will be unduly prejudiced in preparation for trial.

IV.    REQUEST FOR EMERGENCY STAY: THE COURT SHOULD STAY THE ENFORCEMENT
         OF THE DISCOVERY ORDER
         
         The court should sate enforcement of the discovery order on the grounds that _____________________ .

V.     CONCLUSION

    Based on the foregoing reasons, petitioner respectfully requests that a peremptory Writ of Mandate/Prohibition issue
commanding responding court to set aside its order denying petitioner's motion for protective order and monetary sanctions,
to enter an order granting such motion, and to stay and prohibit the respondent court's enforcement of its order.

Dated:                                            ___________________________________

                                                       Attorney for _____________________

           End of Form

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