When an order is made by the superior court granting or denying a motion to reclassify an action or proceeding pursuant to Section 403.040, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or denying the motion is situated for a writ of mandate requiring proper classification of the action or proceeding pursuant to Section 403.040. The superior court may, for good cause, and prior to the expiration of the initial 20-day period, extend the time for one additional period not to exceed 10 days. The petitioner shall file a copy of the petition in the superior court immediately after the petition is filed in the court of appeal. The court of appeal may stay all proceedings in the case, pending judgment on the petition becoming final. The clerk of the court of appeal shall file with the clerk of the superior court, a copy of any final order or final judgment immediately after the order or judgment becomes final.
§ 403.080.Petition For Writ of Mandate Requiring Proper Classification
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 2. Reclassification of Civil Actions and Proceedings · Enacted 1999 · no amendments on record · Last verified July 28, 2026
In one sentence§ 403.080 mirrors the venue writ procedure, giving a party unhappy with a reclassification ruling 20 days, extendable by 10 for good cause, to petition the court of appeal for a writ of mandate ordering the proper classification.
Full Text of § 403.080
Plain-English Summary
A ruling granting or denying a motion for reclassification under § 403.040 follows the same writ procedure used for venue rulings under § 400. The aggrieved party has 20 days after service of written notice of the order to petition the court of appeal for the district where the ruling court sits, seeking a writ of mandate requiring proper classification. The superior court may extend that period once, by up to 10 days, for good cause shown before the original 20 days runs out, and the court of appeal may stay proceedings while the petition is pending.
As with a venue writ, the petitioner must file a copy of the petition in the superior court immediately after filing it in the court of appeal, and the court of appeal's clerk files a copy of any final order or judgment with the superior court once it becomes final.
Frequently Asked Questions
How do I challenge a reclassification ruling in California?
Petition the court of appeal for a writ of mandate within 20 days of notice of the order, with a copy filed in the superior court.
Can that 20-day deadline be extended?
Yes -- the superior court may grant one extension of up to 10 days for good cause, but only before the original 20 days runs out.
Amendment History
Added 9/7/1999 (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 28, 2026.
· Official source
Also known as: writ of mandate reclassification californiachallenge reclassification order california deadline