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§ 904.3.Judgment of Appellate Division Granting Or Denying Petition For Issuance of Writ of Mandamus Or Prohibition

Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Enacted 2007 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 904.3 bars a direct appeal from a judgment of the appellate division of a superior court granting or denying a writ of mandamus or prohibition directed to the superior court in a limited civil, misdemeanor, or infraction case, while letting an appellate court discretionarily review that judgment on a petition for extraordinary writ.

Full Text of § 904.3

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An appeal shall not be taken from a judgment of the appellate division of a superior court granting or denying a petition for issuance of a writ of mandamus or prohibition directed to the superior court, or a judge thereof, in a limited civil case or a misdemeanor or infraction case. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment.

Plain-English Summary

This section closes off one specific appellate path while leaving a narrower one open. When the appellate division of a superior court rules on a petition for a writ of mandamus or prohibition aimed at the superior court itself, or a judge of it, in a limited civil case or a misdemeanor or infraction case, that ruling cannot be appealed as of right — no appeal shall be taken from it.

What remains available is discretionary: an appellate court may, in its own discretion, review that judgment upon a petition for an extraordinary writ. The difference matters procedurally. An appeal as of right must generally be heard on the merits once properly taken; a petition for extraordinary writ review can be denied without explanation, leaving the appellate division's ruling on the writ petition standing.

Frequently Asked Questions

Can a party directly appeal the appellate division's ruling on a writ petition in a limited civil case?

No. Section 904.3 bars any appeal from such a judgment.

Is there any way to get further review of that ruling?

Yes, an appellate court may, in its discretion, review the judgment on a petition for an extraordinary writ, though the court isn't required to grant review.

What kinds of cases does this section cover?

Limited civil cases and misdemeanor or infraction cases, specifically judgments of the appellate division granting or denying a petition for a writ of mandamus or prohibition directed to the superior court or a judge of it.

Amendment History

Added by Stats 2007 ch 43 (SB 649),s 11, eff. 1/1/2008.

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
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