The California App 151 form is a legal document used to petition for a writ in cases involving misdemeanors, infractions, or limited civil matters. This form allows individuals to challenge actions or rulings made by a trial court, ensuring that their rights are protected in the appellate process. For those looking to navigate this important legal step, click the button below to fill out the form.
The California App 151 form, officially known as the Petition for Writ, serves a critical function in the legal process for individuals seeking to challenge decisions made in misdemeanor, infraction, or limited civil cases. This form allows a petitioner to formally request a writ from the appellate division of the Superior Court of California, addressing actions or rulings they believe to be erroneous. Essential details must be included, such as the names of the petitioner, the respondent court, and any real parties in interest involved in the original trial court case. The form also requires a description of the specific action or ruling being contested, along with the date it occurred. Timeliness is crucial; the petition must be filed within 30 days of the contested ruling unless a special statute dictates an earlier deadline. Additionally, petitioners must serve copies of the completed form to the respondent and all real parties in interest, maintaining proof of service as part of the filing process. The form is not intended for appeals or other writs, which require separate documentation. For those involved in small claims cases, the App 151 form is specifically applicable to postjudgment enforcement orders, while different forms are designated for other scenarios. Understanding the nuances of this form is essential for ensuring that one's legal rights are effectively asserted and protected.
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:
1Your Information
a.Petitioner (the party who is asking for the writ): Name:
Street address:
Street
City
State
Zip
Mailing address (if different):
Phone:
E-mail:
b.Petitioner’s lawyer (skip this if the petitioner does not have a lawyer for this petition):
Name:
State Bar number:
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
APP-151, Page 2 of 7
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):
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.
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):
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:
APP-151, Page 3 of 7
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:
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:
APP-151, Page 4 of 7
(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):
order the trial court to do the following (describe what, if anything, you want the trial court to be ordered to do):
order the trial court not to do the following (describe what, if anything, you want the trial court to be ordered NOT to do):
APP-151, Page 5 of 7
12(continued)
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?
(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.
APP-151, Page 6 of 7
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):
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
APP-151, Page 7 of 7
Filling out the California App 151 form is an essential step in the process of petitioning for a writ in a misdemeanor, infraction, or limited civil case. This form requires specific information about the petitioner, the trial court action being challenged, and the legal basis for the petition. Following the steps carefully will help ensure that the form is completed correctly and submitted in a timely manner.
Once the form is completed, make copies for your records and for each party involved. Ensure that you serve the completed form on the respondent and all real parties in interest, keeping proof of service. Finally, submit the form along with the proof of service to the clerk’s office of the appropriate appellate division.
The California APP 151 form is used to request a writ in cases involving misdemeanors, infractions, or limited civil matters. This form allows individuals to challenge a ruling or action made by a trial court. It is specifically designed for situations where no other adequate legal remedy exists.
The form can be filed by any individual or party who is directly affected by the trial court's action or ruling. This includes the petitioner, who is the person requesting the writ, as well as their attorney, if they have one. It's essential to accurately fill in the names of all relevant parties involved in the case.
You should file the APP 151 form no later than 30 days after the trial court's action or ruling that you are challenging. If you miss this deadline, the appellate division may deny your petition. Always check for any special statutes that may set an earlier deadline.
The form requires various pieces of information, including:
After completing the APP 151 form, you must serve a copy on the respondent (the trial court) and each real party in interest. You can use Proof of Service forms, such as APP-109 or APP-109E, to document this process. It's crucial to keep proof of service for your records.
Once you file the form with the appellate division's clerk, it will be assigned a case number. The appellate division will then review your petition. If they find that the trial court's action or ruling warrants a writ, they may issue an order to the trial court based on your request.
If you require additional space to describe your reasons for the petition, you can attach separate pages. Be sure to label each page with "APP-151, item [number]" to ensure clarity and organization.
Incomplete Information: One of the most common mistakes is failing to fill out all required fields. Each section of the form is crucial for processing your petition. Omitting details like the case name or number can lead to delays or outright rejection of your application.
Missing Deadlines: People often underestimate the importance of filing within the specified timeframe. The form must be submitted no later than 30 days after the trial court's action. Missing this deadline can result in denial of your petition.
Improper Service: Many individuals neglect to serve copies of the completed form to the necessary parties. It’s essential to provide proof of service to ensure that all parties are informed. Without this step, your petition may be dismissed.
Inadequate Explanation of Errors: When describing the legal errors made by the trial court, some fail to provide sufficient detail. Clearly outlining the mistakes is vital for the appellate division to understand the basis of your petition.
Ignoring Prior Appeals: Applicants sometimes overlook the requirement to disclose any previous appeals related to the same issue. Failing to mention this can create complications and may raise questions about the validity of your current petition.
Using the Wrong Form: It’s crucial to ensure that you are using the correct form for your situation. The APP-151 is specifically for certain cases. Using a different form can lead to confusion and may delay your request.
The California App 151 form is a critical document used for requesting a writ in specific legal situations. To effectively navigate the legal process, you may also need to complete and submit additional forms. Below is a list of commonly used documents that accompany the California App 151 form.
Understanding these forms and their purposes is vital for effectively navigating the appellate process. Ensure you have all necessary documentation ready to support your petition and protect your rights.
The California App 151 form, used for petitions for writs in misdemeanor, infraction, or limited civil cases, shares similarities with the Petition for Writ of Mandate (form APP-106). Both forms request a higher court to review and potentially overturn a lower court's decision. The APP-106 is specifically designed for situations where a party believes the lower court has failed to perform a duty mandated by law. Like the APP-151, it requires detailed information about the case and the specific actions or rulings being challenged.
Another related document is the Petition for Writ of Prohibition (form APP-107). This form is used when a party seeks to prevent a lower court from acting outside its jurisdiction. Both the APP-151 and APP-107 require the petitioner to explain why the lower court's action is improper. They also necessitate a clear demonstration of how the petitioner will be harmed if the writ is not granted.
The Petition for Writ of Review (form APP-108) is also similar. This document is used to challenge decisions made by administrative agencies. Like the APP-151, it involves a request for the appellate court to review the actions of a lower authority. Both forms require the petitioner to provide case details and articulate the legal grounds for the request.
Form APP-300, the Petition for Writ (Small Claims), is another document with similar purposes. While the APP-151 is for misdemeanor and limited civil cases, the APP-300 specifically addresses small claims cases. Both forms require the petitioner to outline the actions taken by the trial court that are being challenged, ensuring clarity in the petition process.
The Application for Stay (form APP-200) is also relevant. While the APP-151 focuses on the petition for a writ, the APP-200 is used to request a stay of the trial court's order while the appeal is pending. Both forms involve timelines and require the petitioner to demonstrate the need for immediate relief from the court's ruling.
The Notice of Appeal (form APP-100) is another document that shares some similarities. While the APP-151 seeks a writ, the APP-100 formally initiates an appeal. Both forms require specific case information and have strict deadlines for filing, ensuring that the appellate court has the necessary context to understand the situation.
The Proof of Service (form APP-109) is essential in both contexts. While the APP-151 focuses on the content of the petition, the APP-109 ensures that all parties are properly notified of the petition being filed. This step is crucial for maintaining fairness in the legal process, as it allows all parties to respond appropriately.
Lastly, the Request for Judicial Notice (form APP-101) is similar in that it allows a party to ask the court to recognize certain facts that are not in dispute. Both the APP-151 and APP-101 require the petitioner to provide supporting documentation and clear reasoning for their requests, ensuring that the court has all relevant information to make an informed decision.
When filling out the California App 151 form, it's essential to approach the process carefully. Here’s a list of things you should and shouldn't do to ensure your petition is completed correctly.
Following these guidelines will help you navigate the process more smoothly and increase the chances of your petition being accepted. Remember, attention to detail is crucial.
This form is specifically designed for requests related to misdemeanors, infractions, or limited civil cases. It is not appropriate for other types of appeals or writs.
There is a strict deadline. Generally, you must file the form within 30 days of the trial court's action. If you miss this deadline, your petition may be denied.
It is essential to serve copies of the completed form to the respondent and all real parties in interest. Keeping proof of this service is also necessary.
Before completing the form, it is crucial to read the accompanying informational document, APP-150-INFO. This document outlines your rights and responsibilities in the writ process.
The form requires you to explain the legal errors made by the trial court. This explanation is vital for the appellate division to understand your case.
Supporting documents, which include records of what occurred in the trial court, are necessary to substantiate your claims in the petition.
While having a lawyer can be beneficial, individuals can file the form on their own if they choose to represent themselves.
Filing the form does not guarantee a favorable outcome. The appellate division will review the merits of your case before making a decision.
This form is limited to specific circumstances in small claims cases, primarily related to postjudgment enforcement orders. For other matters, different forms are required.
When filling out and using the California App 151 form, there are several important points to keep in mind. Understanding these key takeaways can help ensure that your petition is properly completed and submitted.
By following these guidelines, you can enhance the likelihood of a successful petition. Always ensure that your information is accurate and that you comply with all procedural requirements.