The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title.
§ 1110.Applicability of Provisions of Part II Relative to New Trials and Appeals
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 5. Rules of Practice and Appeals · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1110 extends § 1109's general rule specifically to new trials and appeals, applying Part 2's provisions on those subjects to proceedings under this Title except where they conflict with something this Title itself sets out.
Full Text of § 1110
Plain-English Summary
Section 1109 already imports Part 2 generally; § 1110 makes sure that import specifically covers new trials and appeals. The provisions of Part 2 relative to those two subjects apply to writ of review, mandate, and prohibition proceedings, just as they would to an ordinary civil action.
The qualifier matters: Part 2's new-trial and appeal rules apply only so far as they're consistent with this Title. Where this Title sets its own rule -- as §§ 1110a and 1110b do for the effect of an appeal on a mandate order or judgment -- that specific rule controls over the general one.
Frequently Asked Questions
Can a party get a new trial or appeal a judgment in a writ proceeding?
Yes. Section 1110 applies Part 2's new-trial and appeal provisions to proceedings under this Title, except to the extent they're inconsistent with this Title's own rules.
What happens when this Title's rules conflict with Part 2's appeal provisions?
This Title's own provisions control -- §§ 1110a and 1110b, for example, set specific rules about whether an appeal stays a mandate order or judgment.
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: appeal of writ of mandate californianew trial writ of prohibition california