The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court at a time and place then or thereafter specified by court order why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted.
§ 1104.Writ Alternative Or Peremptory
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 3. Writ of Prohibition · Last amended 1963 · Last verified July 29, 2026
In one sentenceSection 1104 requires a writ of prohibition to be either alternative or peremptory, with the alternative form commanding the party to desist and show cause why it shouldn't be permanently restrained, and the peremptory form issuing that same restraint outright, without the show-cause language.
Full Text of § 1104
Plain-English Summary
The writ of prohibition comes in two forms, and § 1104 spells out each one. The alternative writ commands the party to desist or refrain from further proceedings until the court's further order, and to show cause at a specified time and place why it shouldn't be absolutely restrained from continuing.
The peremptory writ skips that intermediate step. It's worded the same way, minus the show-cause language -- an outright, final command to stop, rather than an invitation to argue against a final restraint.
Which form issues depends on how far the proceeding has already gone: an alternative writ gives the responding party a chance to be heard before a final restraint, while a peremptory writ is the final word itself.
Frequently Asked Questions
What's the difference between an alternative and a peremptory writ of prohibition?
The alternative writ orders the party to desist and show cause why it shouldn't be permanently restrained; the peremptory writ imposes that restraint directly, without the show-cause step.
Does an alternative writ of prohibition permanently stop the proceedings?
Not by itself -- it orders a temporary halt and sets a hearing on whether a permanent restraint should follow.
Amendment History
Amended by Stats. 1963, Ch. 461.
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: alternative writ of prohibition californiaperemptory writ of prohibition california