The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding.
§ 1105.Applicability of Provisions of Preceding Chapter
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 3. Writ of Prohibition · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1105 imports nearly all of Chapter 1's writ of review procedure into writ of prohibition proceedings, applying every provision of that chapter except its first four sections, which cover matters the prohibition chapter already addresses on its own.
Full Text of § 1105
Plain-English Summary
Rather than restate the mechanics of writ practice a second time, § 1105 borrows them. It applies the provisions of the preceding chapter -- Chapter 1's writ of review procedure -- to writ of prohibition proceedings, with one exception: the first four sections of that chapter, §§ 1067 through 1069.1, don't carry over.
That exclusion makes sense once you see what those four sections cover: the certiorari-to-review naming convention (§ 1067), the grounds for granting the writ of review (§ 1068), and its application and return procedure (§§ 1069, 1069.1) -- all matters § 1103 and § 1104 already handle for prohibition in their own terms.
Everything else carries over by reference: to whom the writ is directed (§ 1070), its command (§ 1071), the stay language (§ 1072), service (§ 1073), the scope of review (§ 1074), the return procedure (§ 1075), transmission of the judgment (§ 1076), and the judgment roll (§ 1077).
Frequently Asked Questions
Does the writ of prohibition follow its own separate procedural rules?
Mostly not. Section 1105 imports the writ of review chapter's provisions wholesale, except for its first four sections.
Which parts of the writ of review chapter don't apply to prohibition?
Does the narrow scope of review in § 1074 apply to a writ of prohibition too?
Yes. Because § 1074 falls outside the excluded first four sections, its limits on the scope of review carry over to prohibition proceedings.
Amendment History
Enacted 1872.
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 procedure californiaapplicability writ of review chapter to prohibition