The application must be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
§ 1069.Application, Notice, Granting Writ Without Notice
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 1. Writ of Review · Last amended 1907 · Last verified July 29, 2026
In one sentenceSection 1069 requires a party seeking a writ of review to file a verified petition showing a beneficial interest in the outcome, then gives the court discretion to require notice to the adverse party, issue an order to show cause, or grant the writ without any notice at all.
Full Text of § 1069
Plain-English Summary
Getting a writ of review starts with a verified petition -- sworn to under oath -- filed by the party beneficially interested in overturning what the inferior tribunal, board, or officer did. That's the only mandatory element the statute lists.
What happens next is left to the court's discretion. The court can require notice of the application to the adverse party, issue an order to show cause and let the other side respond before ruling, or skip notice altogether and grant the writ outright. Section 1069 doesn't require any one of these paths -- it hands the choice to the court based on the circumstances of the case.
Chapter 4's general service-and-opposition procedure in § 1107 fills in some of the practical mechanics for how that notice, when required, gets served and opposed.
Frequently Asked Questions
Who can apply for a writ of review?
The party beneficially interested in the outcome, by verified petition.
Does the adverse party always get notice before a writ of review is granted?
No. Section 1069 lets the court require notice, issue an order to show cause instead, or grant the writ without notice, depending on the circumstances.
What does it mean for a petition to be verified?
It means the petition must be sworn to under oath by the person filing it, rather than submitted as an unsworn statement.
Amendment History
Amended by Stats. 1907, Ch. 328.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: petition for writ of review californiaverified petition writ of certiorari california