{"code":"CCP","codeName":"Code of Civil Procedure","section":"116.798","citation":"Code Civ. Proc., § 116.798","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 1. OF COURTS OF JUSTICE [35. - 286.]","url":"https://blackletter.si/code-of-civil-procedure/part-1"},{"name":"TITLE 1. ORGANIZATION AND JURISDICTION [35. - 155.]","url":"https://blackletter.si/code-of-civil-procedure/part-1/title-1"},{"name":"CHAPTER 5.5. Small Claims Court [116.110. - 116.950.]","url":"https://blackletter.si/code-of-civil-procedure/part-1/title-1/chapter-5.5"},{"name":"ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710. - 116.798.]","url":"https://blackletter.si/code-of-civil-procedure/part-1/title-1/chapter-5.5/article-7"}],"history":"Added by Stats. 2012, Ch. 470, Sec. 3.   (AB 1529)   Effective January 1, 2013.","effective":"2013-01-01","html":"<p>(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.</p><p>(2) A petition described by paragraph (1) may also be heard by the court of appeal or by the Supreme Court.</p><p>(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.</p><p>(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 <a href=\"/ccp/116.760\">116.760</a>.</p><p>(5) The Judicial Council shall promulgate procedural rules for a writ proceeding under paragraph (1).</p><p>(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.</p><p>(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.</p><p>(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.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/code-of-civil-procedure/motion-to-vacate-appeal-and-related-matters-116-798","source":"California Legislative Information bulk export (pubinfo)"}