Code Civ. Proc., § 116.798 · Article 7. Motion to Vacate, Appeal, and Related Matters
Code Civ. Proc., § 116.798
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 2012, Ch. 470, Sec. 3. (AB 1529) Effective January 1, 2013.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=116.798.
- Text hash
- sha256 6b4a1fada355ce4c00100912d38a0116bc352e08c3e9daf2ac28d5cd5933eb79
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 2 provisions
Provisions in this library whose text cites Code Civ. Proc., § 116.798. Each shows the citation as that text prints it.
California Rules of Court
- Cal. Rules of Court, rule 8.930ApplicationPrinted as Code Civ. Proc. § 116.798(a)
- Cal. Rules of Court, rule 8.970ApplicationPrinted as Code of Civil Procedure section 116.798 | Code of Civil Procedure section 116.798(a) | Code of Civil Procedure section 116.798(b) | Code of Civil Procedure section 116.798(c)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.