(a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficially interested.
§ 1103.When Writ May Issue Or Be Granted
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 3. Writ of Prohibition · Last amended 2011 · Last verified July 29, 2026
In one sentenceSection 1103 lets any court issue a writ of prohibition to an inferior tribunal, corporation, board, or person when no plain, speedy, and adequate remedy exists in the ordinary course of law, on the verified petition of a beneficially interested person, and extends the same authority to a superior court's appellate division.
Full Text of § 1103
(b) The appellate division of the superior court may grant a writ of prohibition directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of prohibition directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.
Plain-English Summary
Subdivision (a) sets the two requirements for a writ of prohibition, echoing § 1068's structure for the writ of review: there has to be no plain, speedy, and adequate remedy in the ordinary course of law, and the writ issues on the verified petition of the person beneficially interested.
Because prohibition stops an ongoing proceeding rather than correcting a finished one, the adequate-remedy inquiry often comes down to whether waiting for an appeal from the eventual outcome would leave the petitioner without a meaningful remedy -- by then, the damage of an unauthorized proceeding may already be done.
Subdivision (b) mirrors § 1068(b): the appellate division of the superior court may grant a writ of prohibition directed to the superior court in a limited civil case or a misdemeanor or infraction case, and the superior court is treated as an inferior tribunal for purposes of this chapter when that happens.
Frequently Asked Questions
What must a petitioner show to get a writ of prohibition?
That there's no plain, speedy, and adequate remedy in the ordinary course of law, shown through a verified petition by the person beneficially interested.
Can a writ of prohibition be directed to a corporation or a private person?
Yes. Section 1103(a) reaches an inferior tribunal, or a corporation, board, or person, exercising judicial functions.
Can the appellate division of a superior court issue a writ of prohibition against the superior court itself?
Yes, in a limited civil case or a misdemeanor or infraction case, following the same structure § 1068(b) sets for the writ of review.
Amendment History
Amended by Stats 2010 ch 212 (AB 2767),s 3, eff. 1/1/2011. Amended by Stats 2002 ch 784 (SB 1316),s 76, eff. 1/1/2003. Previously Amended September 7, 1999 (Bill Number: SB 210) (Chapter 344).
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: writ of prohibition requirements californiawhen writ of prohibition may issue