California Form App 151 – Fill Out and Use This PDF

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.

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.

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.

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.

Under Petitioner (the party who is asking for the writ), fill in Name, Street address, City, State, Zip, Phone and E-mail.

If the Mailing address is different, fill in Mailing address (if different): Street, City, State and Zip.

Under Petitioner's lawyer, fill in State Bar number, Name, Street address, City, State, Zip, Mailing address (if different), Phone, E-mail and Fax. Skip this if the petitioner does not have a lawyer for this petition.

For the case the petition challenges, fill in the Case name (fill in the trial court case name) and the Case number (fill in the trial court case number).

Describe the action taken or ruling made by the trial court.

Fill in the date the trial court took this action or made this ruling.

If you are filing this petition more than 30 days after the date that you listed for the trial court action or ruling, explain the extraordinary circumstances that caused the delay in filing this petition.

Check and fill in a or b: check a if you or your client was a party in the trial court case.

Check b if you or your client was not a party in the trial court case but will be directly and negatively affected by the action taken or ruling made by the trial court, and describe how you or your client will be directly and negatively affected by the trial court's action or ruling.

Fill in the names of the other party or parties in the case.

Did 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: check a for No, or b for Yes and fill in the appellate division case number of the appeal.

Have you filed a previous petition for a writ challenging this trial court action or ruling? Check and fill in a or b: check a for No, or b for Yes, and provide the Petition title, Date petition filed and Case number of this previous petition.

Check and fill in at least one of the legal errors the trial court made when it took the action or made the ruling described.

a. If the trial court has not done or has refused to do something that the law says it must do, describe what you believe the law says the trial court must do, and 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.

b. If the trial court has done something that the law says the court cannot or must not do, describe what the trial court did, and identify the law that says the trial court cannot or must not do this.

c. If 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, describe what the trial court did or said it is going to do. Identify the law that says the trial court does not have the power to do this.

This 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. Explain why there is no way other than through this petition for a writ, and explain how you will be irreparably harmed if the appellate division does not issue the writ you are requesting.

Request that this court order the trial court to do the following, or order the trial court not to do the following (describe what, if anything, you want the trial court to be ordered to do or NOT to do).

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 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.

Check a if a transcript or an official electronic recording of what was said in the trial court is attached. Check b if a transcript or official electronic recording is not attached, but you have attached a declaration (a statement signed under penalty of perjury). Check (1) if it states the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed. Check (2) if it explains why the transcript or official electronic recording is not available and provides 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.

Attach 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, and 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 if these documents are attached. Check b if these documents are not attached, and explain why these documents are not attached and give a fair summary of the substance of these documents.

By signing, you declare under penalty of perjury under the laws of the State of California that the form is true and correct.

Fill in the Date.

Do not use this form for other writs and for appeals.