Extraordinary Writs Basic Form of Petition

1. Practice Forms: Extraordinary Writs -Form- Basic Form of Petition For
    Extraordinary Writ

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
 

        Petitioners, ___________________________________ and ____________________________,
petition  this court for a Writ of Mandate or Prohibition directed to Respondent Superior Court in and
for the city and county of San Francisco and a stay of the enforcement of the Respondent Court's order
and by this verified petition alleges:

1.    Petitioners are defendants in an action now pending in respondent's court entitled -------------, v. Rhodora Visey Vista, et al., 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. 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.

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

6.

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; and

    3.    That the court stay the enforcement of the respondent court's order; and

    4.    That petitioner recover the cost of this action; and

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

Dated:                                                                                        ____________________________

                                                                                                    Attorney for ____________ 

REQUEST FOR EMERGENCY STAY

REQUEST TO TAKE JUDICIAL NOTICE

3.  Identification of Real Party In Interest:  

3.  Statement of Underlying Facts of Lawsuit: Insert Chronological Narration of Facts.

        a. Set for facts

        b. Respondent Action Complained of: Respondent court granrted/denied the motion (or other proceeding)

5. Action By Respondent The Subject of The Petition: The subject of theis petitioon is the  Respondent court's granrting/denying the motion (or other proceeding)

6. Legal Basis for Objection:  The  Respondent court's granting/denying the motion (or other proceeding) _________________________________ was unreasonable , arbitrary and a prejudicial abuse of discretion because:

7. No Other Adequate 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.

8. Irreparable Injury: If the above order is not annuled petitioner will be irreparably injured in that: _______________________________

9. 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.

VERIFICATION

Sample Verifications:
Sample Attorney Verification

General Verification

Related Sample Form - Table of Contents

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