Code Civ. Proc. §116.798. Hearing on Writs Relating to Acts of Small Claims Division

California Code of Civil Procedure  >   Code Civ. Proc. §116.798. Hearing on Writs Relating to Acts of Small Claims Division
 (a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a postjudgment enforcement order, may be heard by a judge who is assigned to the appellate division of the superior court.
  (2) A petition described by paragraph (1) may also be heard by the court of appeal or by the Supreme Court.
  (3) Where a judge described in paragraph (1) grants a writ directed to the small claims division, the small claims division is an inferior tribunal for purposes of Title 1 (commencing with Section 1067) of Part 3.
  (4) The fee for filing a writ petition in the superior court under paragraph (1) is the same as the fee for filing a notice of appeal under Section 116.760.
  (5) The Judicial Council shall promulgate procedural rules for a writ proceeding under paragraph (1).
  (6) An appeal shall not be taken from a judgment granting or denying a petition under paragraph (1) for issuance of a writ. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment.
 (b) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of a superior court in a small claims appeal may be heard by the court of appeal or by the Supreme Court.
 (c) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to a postjudgment enforcement order of the small claims division may be heard by the appellate division of the superior court, by the court of appeal, or by the Supreme Court. [2012]

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