California Form App 151 PDF Details

In navigating the complexities of legal processes, the California App 151 form emerges as a critical tool for individuals seeking judicial review in misdemeanor, infraction, or limited civil cases. This form functions as a petition for a writ against decisions or actions taken by the Superior Court of California at the county level, providing a structured pathway for disputing outcomes that may feel unjust or improperly adjudicated. It requires the petitioner, the person or entity challenging the court’s ruling, to provide detailed information about the contested action, including the specifics of the trial court case and the grounds on which the petition is based. The requirements for filing, including deadlines and the necessity of notifying all involved parties, underscore the form's role in ensuring due process and the right to seek correction or intervention from a higher court. Additionally, instructions included with the form guide the petitioner through the complexities of legal procedures, including how to serve papers to other parties and how to submit the petition properly to the appellate division of the superior court. Recognizing the nuances of this form and its place within the legal framework can empower individuals navigating post-judgment enforcement orders in small claims cases or challenging specific court actions in misdemeanor and infraction cases, highlighting the legal system's capacity to reconsider and rectify its decisions.

QuestionAnswer
Form NameCalifornia Form App 151
Form Length7 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 45 sec
Other namesapp infraction pdf, petition civil case, form petition writ, ca form app 151

Form Preview Example

 

Petition for Writ (Misdemeanor,

APP-151

Infraction, or Limited Civil Case)

 

 

 

Petitioner

(fill in the name of the person asking for the writ)

v.

Superior Court of California, County of

Respondent

(fill in the name of the court whose action or ruling you are challenging)

Real Party in Interest

(fill in the name of any other parties in the trial court case)

Clerk stamps date here when form is filed.

Clerk will fill in the number below:

Appellate Division Case Number:

Stay requested

(see item 12 c. on page 6)

Instructions

•This form is only for requesting a writ in a misdemeanor, infraction, or limited civil case, or a writ challenging a postjudgment enforcement order in a small claims case (see below*).

•Do not use this form for other writs and for appeals. You can get forms to use for those at any courthouse or county law library or online at www.courts.ca.gov/forms.

•Before you fill out this form, read Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases (form APP-150-INFO) to know your rights and responsibilities. You can get form APP-150-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.

•Unless a special statute sets an earlier deadline, you should file this form no later than 30 days after the date the trial court took the action or issued the ruling you are challenging in this petition (see form APP-150-INFO, page 7, for more information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an earlier deadline. If your petition is filed late, the appellate division may deny it.

•Fill out this form and make a copy of the completed form for your records and for the respondent (the trial court whose action or ruling you are challenging) and each of the real parties in interest (the other party or parties in the trial court case).

•Serve a copy of the completed form on the respondent and on each real party in interest and keep proof of this service. Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make this record. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm.

•Take or mail the completed form and your proof of service on the respondent and each real party in interest to the clerk’s office for the appellate division of the superior court that took the action or issued the ruling you are challenging.

* Small Claims cases. If you are a party in a small claims case, this form is only to be used for requesting a writ relating to a postjudgment enforcement order of a small claims division. For writs relating to other acts of a small claims division, the form to use is the Petition for Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules 8.970–8.977. For writs relating to acts of a superior court in a small claims appeal, see Cal. Rules of Court, rules 8.485– 8.493.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Optional Form California Rules of Court, rules 8.930–8.936

Petition for Writ

APP-151, Page 1 of 7

(Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division

Case Name:

Appellate Division Case Number:

1Your Information

a.Petitioner (the party who is asking for the writ): Name:

Street address:

 

Street

 

 

 

City

 

State

 

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

Street

 

 

 

City

 

State

 

Zip

Phone:

 

E-mail:

 

 

 

 

 

b.Petitioner’s lawyer (skip this if the petitioner does not have a lawyer for this petition):

Name:

 

 

 

 

 

 

State Bar number:

 

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

 

City

 

 

State

 

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

 

City

 

 

State

 

Zip

Phone:

 

E-mail:

 

 

 

 

 

 

 

Fax:

 

 

 

 

 

 

 

 

 

 

 

 

The Trial Court Action or Ruling You Are Challenging

2I am/My client is filing this petition to challenge an action taken or ruling made by the trial court in the following case:

a.Case name (fill in the trial court case name):

b.Case number (fill in the trial court case number):

3The trial court action or ruling I am/my client is challenging is (describe the action taken or ruling made by the trial court):

4The trial court took this action or made this ruling on the following date (fill in the date):

5If you are filing this petition more than 30 days after the date that you listed in 4 , explain the extraordinary circumstances that caused the delay in filing this petition:

Revised January 1, 2017

Petition for Writ

APP-151, Page 2 of 7

(Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division

Case Name:

Appellate Division Case Number:

The Parties in the Trial Court Case

6I/My client (check and fill in a or b):

a. b.

was a party in the case identified in 2 .

was not a party in the case identified in 2 but will be directly and negatively affected in the following way by the action taken or ruling made by the trial court (describe how you/your client will be directly and negatively affected by the trial court’s action or ruling):

7The other party or parties in the case identified in 2 was/were (fill in the names of the parties):

Appeals or Other Petitions for Writs in This Case

8Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition? (Check and fill in a or b):

a. b.

No

Yes (fill in the appellate division case number of the appeal):

9Have you filed a previous petition for a writ challenging this trial court action or ruling? (Check and fill in a or b):

a.

b.

No

Yes (Please provide the following information about this previous petition).

(1)Petition title (fill in the title of the petition):

(2)Date petition filed (fill in the date you filed this petition):

(3)Case number (fill in the case number of the petition):

If you/your client filed more than one previous petition, attach another page providing this information for each additional petition. At the top of each page, write “APP-151, item 9.”)

Reasons for This Petition

10The trial court made the following legal error or errors when it took the action or made the ruling described in 3

(check and fill in at least one):

a.

The trial court has not done or has refused to do something that the law says it must do.

(1)Describe what you believe the law says the trial court must do:

(2)Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court must do this:

Revised January 1, 2017

Petition for Writ

APP-151, Page 3 of 7

(Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division

Case Name:

Appellate Division Case Number:

10(continued)

(3)Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did not do or refused to do this:

b.

Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10a.”

The trial court has done something that the law says the court cannot or must not do.

(1)Describe what the trial court did:

(2)Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did this:

(3)Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court cannot or must not do this:

Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10b.”

c.

The trial court has performed or said it is going to perform a judicial function (like deciding a person’s rights under law in a particular situation) in a way the court does not have the legal power to do.

(1)Describe what the trial court did or said it is going to do:

(2)Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did or said it was going to do this:

Revised January 1, 2017

Petition for Writ

APP-151, Page 4 of 7

(Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division

Case Name:

10(continued)

Appellate Division Case Number:

(3)Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court does not have the power to do this:

Check here if you need more space to describe this reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10c.”

Check here if there are more reasons for this petition and attach an additional page or pages describing these reasons. At the top of each page, write “APP-151, item 10d.”

11This petition will be granted only if there is no other adequate way to address the trial court’s action or ruling other than by issuing the requested writ.

a.Explain why there is no way other than through this petition for a writ—through an appeal, for example—for your arguments to be adequately presented to the appellate division:

b.Explain how you/your client will be irreparably harmed if the appellate division does not issue the writ you are requesting:

Order You Are Asking the Appellate Division to Make

12I request that this court (check and fill in all that apply):

a.

order the trial court to do the following (describe what, if anything, you want the trial court to be ordered to do):

b.

order the trial court not to do the following (describe what, if anything, you want the trial court to be ordered NOT to do):

Revised January 1, 2017

Petition for Writ

APP-151, Page 5 of 7

(Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division

Case Name:

Appellate Division Case Number:

12(continued)

c.

issue a stay ordering the trial court not to take any further action in this case until this court decides whether to grant or deny this petition (describe below why it is urgent that the trial court not take any further action and check the Stay requested box on page 1 of this form):

I/My client:

(1) asked the trial court to stay these proceedings, but the trial court denied this request (include in your supporting documents a copy of the trial court’s order denying your request for a stay).

(2) did not ask the trial court to stay these proceedings for the following reasons (describe below why you did not ask the trial court to stay these proceedings):

d.

 

take other action (describe):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

e.

grant any additional relief that the appellate division decides is fair and appropriate.

Supporting Documents

13Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by rule 8.931(b)(1)(D) of the California Rules of Court?

a.

b.

(1)

Yes, a transcript or an official electronic recording of what was said in the trial court is attached.

No, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement signed under penalty of perjury) (Check (1) or (2):

stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed.

(2)

explaining why the transcript or official electronic recording is not available and providing a fair summary of what was said in the trial court, including the petitioner’s arguments and any statement by the trial court supporting its ruling.

Revised January 1, 2017

Petition for Writ

APP-151, Page 6 of 7

(Misdemeanor, Infraction, or Limited Civil Case)

Appellate Division

Case Name:

Appellate Division Case Number:

14Are the following documents attached as required by rule 8.931(b)(1)(A)–(C):

•The trial court ruling being challenged in this petition

•All documents and exhibits submitted to the trial court supporting and opposing the petitioner’s position

•Any other documents or portions of documents submitted to the trial court that are necessary for a complete understanding of the case and the ruling being challenged? (Check a or b):

a.

b.

Yes, these documents are attached.

No, these documents are not attached for the following reasons (explain why these documents are not attached and give a fair summary of the substance of these documents. Note that rule 8.931 provides that, in extraordinary circumstances, the petition may be filed without these documents, but the petitioner must explain the urgency and the circumstances making the documents unavailable):

Verification

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

Date:

Type or print your name

Signature of petitioner or attorney

 

Revised January 1, 2017

Petition for Writ

APP-151, Page 7 of 7

(Misdemeanor, Infraction, or Limited Civil Case)

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