The California App 151 form is a legal document used to petition for a writ in cases involving misdemeanors, infractions, or limited civil matters. This form allows individuals to challenge actions or rulings made by a trial court, providing a structured way to seek redress. If you need to fill out this form, click the button below to get started.
The California App 151 form is an important document for individuals looking to challenge specific actions or rulings made by the trial court in misdemeanor, infraction, or limited civil cases. This form, officially titled the Petition for Writ, allows a petitioner to formally request a writ from the appellate division of the superior court. When filling out this form, the petitioner must provide their name, contact information, and details about the trial court case they are contesting. It is essential to identify the respondent, which is the court whose decision is being challenged, and any real parties in interest involved in the case. The form also includes instructions on deadlines, emphasizing that it should generally be filed within 30 days of the trial court's action. Additionally, the petitioner must explain the legal errors they believe occurred in the trial court and articulate why a writ is necessary. The document serves not only as a means to seek judicial review but also as a structured way to present the petitioner's arguments and requests to the appellate division.
Petition for Writ (Misdemeanor,
APP-151
Infraction, or Limited Civil Case)
Petitioner
(fill in the name of the person asking for the writ)
v.
Superior Court of California, County of
Respondent
(fill in the name of the court whose action or ruling you are challenging)
Real Party in Interest
(fill in the name of any other parties in the trial court case)
Clerk stamps date here when form is filed.
Clerk will fill in the number below:
Appellate Division Case Number:
Stay requested
(see item 12 c. on page 6)
Instructions
•This form is only for requesting a writ in a misdemeanor, infraction, or limited civil case, or a writ challenging a postjudgment enforcement order in a small claims case (see below*).
•Do not use this form for other writs and for appeals. You can get forms to use for those at any courthouse or county law library or online at www.courts.ca.gov/forms.
•Before you fill out this form, read Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases (form APP-150-INFO) to know your rights and responsibilities. You can get form APP-150-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.
•Unless a special statute sets an earlier deadline, you should file this form no later than 30 days after the date the trial court took the action or issued the ruling you are challenging in this petition (see form APP-150-INFO, page 7, for more information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an earlier deadline. If your petition is filed late, the appellate division may deny it.
•Fill out this form and make a copy of the completed form for your records and for the respondent (the trial court whose action or ruling you are challenging) and each of the real parties in interest (the other party or parties in the trial court case).
•Serve a copy of the completed form on the respondent and on each real party in interest and keep proof of this service. Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make this record. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm.
•Take or mail the completed form and your proof of service on the respondent and each real party in interest to the clerk’s office for the appellate division of the superior court that took the action or issued the ruling you are challenging.
* Small Claims cases. If you are a party in a small claims case, this form is only to be used for requesting a writ relating to a postjudgment enforcement order of a small claims division. For writs relating to other acts of a small claims division, the form to use is the Petition for Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules 8.970–8.977. For writs relating to acts of a superior court in a small claims appeal, see Cal. Rules of Court, rules 8.485– 8.493.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Optional Form California Rules of Court, rules 8.930–8.936
Petition for Writ
APP-151, Page 1 of 7
(Misdemeanor, Infraction, or Limited Civil Case)
Appellate Division
Case Name:
1Your Information
a.Petitioner (the party who is asking for the writ): Name:
Street address:
Street
City
State
Zip
Mailing address (if different):
Phone:
E-mail:
b.Petitioner’s lawyer (skip this if the petitioner does not have a lawyer for this petition):
Name:
State Bar number:
Fax:
The Trial Court Action or Ruling You Are Challenging
2I am/My client is filing this petition to challenge an action taken or ruling made by the trial court in the following case:
a.Case name (fill in the trial court case name):
b.Case number (fill in the trial court case number):
3The trial court action or ruling I am/my client is challenging is (describe the action taken or ruling made by the trial court):
4The trial court took this action or made this ruling on the following date (fill in the date):
5If you are filing this petition more than 30 days after the date that you listed in 4 , explain the extraordinary circumstances that caused the delay in filing this petition:
Revised January 1, 2017
APP-151, Page 2 of 7
The Parties in the Trial Court Case
6I/My client (check and fill in a or b):
a. b.
was a party in the case identified in 2 .
was not a party in the case identified in 2 but will be directly and negatively affected in the following way by the action taken or ruling made by the trial court (describe how you/your client will be directly and negatively affected by the trial court’s action or ruling):
7The other party or parties in the case identified in 2 was/were (fill in the names of the parties):
Appeals or Other Petitions for Writs in This Case
8Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition? (Check and fill in a or b):
No
Yes (fill in the appellate division case number of the appeal):
9Have you filed a previous petition for a writ challenging this trial court action or ruling? (Check and fill in a or b):
a.
b.
Yes (Please provide the following information about this previous petition).
(1)Petition title (fill in the title of the petition):
(2)Date petition filed (fill in the date you filed this petition):
(3)Case number (fill in the case number of the petition):
If you/your client filed more than one previous petition, attach another page providing this information for each additional petition. At the top of each page, write “APP-151, item 9.”)
Reasons for This Petition
10The trial court made the following legal error or errors when it took the action or made the ruling described in 3 (check and fill in at least one):
The trial court has not done or has refused to do something that the law says it must do.
(1)Describe what you believe the law says the trial court must do:
(2)Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court must do this:
APP-151, Page 3 of 7
10(continued)
(3)Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did not do or refused to do this:
Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10a.”
The trial court has done something that the law says the court cannot or must not do.
(1)Describe what the trial court did:
(2)Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did this:
(3)Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court cannot or must not do this:
Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10b.”
c.
The trial court has performed or said it is going to perform a judicial function (like deciding a person’s rights under law in a particular situation) in a way the court does not have the legal power to do.
(1)Describe what the trial court did or said it is going to do:
(2)Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did or said it was going to do this:
APP-151, Page 4 of 7
(3)Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court does not have the power to do this:
Check here if you need more space to describe this reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10c.”
Check here if there are more reasons for this petition and attach an additional page or pages describing these reasons. At the top of each page, write “APP-151, item 10d.”
11This petition will be granted only if there is no other adequate way to address the trial court’s action or ruling other than by issuing the requested writ.
a.Explain why there is no way other than through this petition for a writ—through an appeal, for example—for your arguments to be adequately presented to the appellate division:
b.Explain how you/your client will be irreparably harmed if the appellate division does not issue the writ you are requesting:
Order You Are Asking the Appellate Division to Make
12I request that this court (check and fill in all that apply):
order the trial court to do the following (describe what, if anything, you want the trial court to be ordered to do):
order the trial court not to do the following (describe what, if anything, you want the trial court to be ordered NOT to do):
APP-151, Page 5 of 7
12(continued)
issue a stay ordering the trial court not to take any further action in this case until this court decides whether to grant or deny this petition (describe below why it is urgent that the trial court not take any further action and check the Stay requested box on page 1 of this form):
I/My client:
(1) asked the trial court to stay these proceedings, but the trial court denied this request (include in your supporting documents a copy of the trial court’s order denying your request for a stay).
(2) did not ask the trial court to stay these proceedings for the following reasons (describe below why you did not ask the trial court to stay these proceedings):
d.
take other action (describe):
e.
grant any additional relief that the appellate division decides is fair and appropriate.
Supporting Documents
13Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by rule 8.931(b)(1)(D) of the California Rules of Court?
(1)
Yes, a transcript or an official electronic recording of what was said in the trial court is attached.
No, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement signed under penalty of perjury) (Check (1) or (2):
stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed.
(2)
explaining why the transcript or official electronic recording is not available and providing a fair summary of what was said in the trial court, including the petitioner’s arguments and any statement by the trial court supporting its ruling.
APP-151, Page 6 of 7
14Are the following documents attached as required by rule 8.931(b)(1)(A)–(C):
•The trial court ruling being challenged in this petition
•All documents and exhibits submitted to the trial court supporting and opposing the petitioner’s position
•Any other documents or portions of documents submitted to the trial court that are necessary for a complete understanding of the case and the ruling being challenged? (Check a or b):
Yes, these documents are attached.
No, these documents are not attached for the following reasons (explain why these documents are not attached and give a fair summary of the substance of these documents. Note that rule 8.931 provides that, in extraordinary circumstances, the petition may be filed without these documents, but the petitioner must explain the urgency and the circumstances making the documents unavailable):
Verification
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Type or print your name
Signature of petitioner or attorney
APP-151, Page 7 of 7
Filling out the California App 151 form is a crucial step in requesting a writ in a misdemeanor, infraction, or limited civil case. After completing the form, ensure you make copies for your records and for all parties involved. You will then need to serve these copies and file the original form with the appropriate clerk’s office.
Once you have completed the form, make copies for your records and for each party involved. Serve these copies to the respondent and all real parties in interest, keeping proof of service. Then, file the original form along with your proof of service at the clerk’s office for the appellate division of the superior court that issued the ruling you are challenging.
What is the purpose of the California App 151 form?
The California App 151 form is used to request a writ in cases involving misdemeanors, infractions, or limited civil matters. If you believe that a trial court has made an error in its ruling or action, this form allows you to challenge that decision. It is essential to use this specific form for these types of cases, as it is not suitable for other types of writs or appeals.
What are the deadlines for filing the App 151 form?
You must file the App 151 form within 30 days of the trial court's action or ruling that you are challenging. If a special statute applies and sets an earlier deadline, you must adhere to that timeline. Failing to file on time may result in the appellate division denying your petition. Be proactive and check for any applicable deadlines to ensure your petition is considered.
How do I serve the completed App 151 form?
Once you have completed the App 151 form, you need to make copies for your records and for each party involved, including the respondent (the trial court) and any real parties in interest. After that, serve these copies to the relevant parties and keep proof of this service. You can use forms like APP-109 or APP-109E to document your proof of service. Make sure to follow the proper procedures for serving court documents to avoid complications.
What should I include in my petition?
Your petition should clearly outline the action or ruling you are challenging, the reasons for your challenge, and the specific relief you are seeking from the appellate division. Provide as much detail as possible about the legal errors you believe occurred, including references to relevant laws or statutes. If necessary, attach additional pages to elaborate on your reasons. The more thorough your petition, the better your chances of a favorable outcome.
Can I use the App 151 form for small claims cases?
This form is only appropriate for requesting a writ related to postjudgment enforcement orders in small claims cases. If you need to challenge other actions by a small claims division, you must use a different form, specifically the Petition for Writ (Small Claims) form SC-300. Be sure to choose the correct form to avoid delays in your case.
Filling out the California App 151 form can be a daunting task. Many individuals make common mistakes that can lead to delays or even denials of their petitions. One frequent error is failing to provide complete and accurate information in the petitioner section. This includes not only the name but also the correct address and contact details. Omitting any of this information can create confusion and may hinder communication between the court and the petitioner.
Another mistake often encountered involves the case details. Petitioners sometimes neglect to include the correct case name and number. This information is crucial, as it helps the court identify the specific action or ruling being challenged. A simple oversight in this area can lead to significant setbacks, as the court may not be able to process the petition without these essential identifiers.
Additionally, individuals frequently overlook the importance of adhering to the 30-day filing deadline. If the petition is submitted late, the appellate division may deny it. Some people mistakenly believe that they can file at any time, not realizing that specific timelines are in place to ensure timely justice. Understanding and respecting these deadlines is vital for a successful petition.
Moreover, many petitioners fail to explain extraordinary circumstances if they are filing more than 30 days after the trial court's ruling. This explanation is crucial, as it provides the court with context for the delay. Without a clear and compelling reason, the court may dismiss the petition outright.
Another common oversight is neglecting to serve copies of the completed form to the respondent and all real parties in interest. This step is essential to ensure that all parties are informed of the petition. Keeping proof of this service is equally important, as it serves as a record that the required parties were notified. Failing to do so can result in procedural complications.
In addition, some individuals do not take the time to read the accompanying instructions thoroughly. Each section of the App 151 form has specific requirements, and misunderstanding these can lead to incomplete submissions. Taking a moment to review the guidelines can save time and effort in the long run.
Lastly, petitioners often forget to make copies of the completed form for their records. Having a personal copy is beneficial for reference and can be crucial if any issues arise later in the process. Being organized and prepared can make the experience of filing a petition much smoother.
The California App 151 form is a critical document used to request a writ in misdemeanor, infraction, or limited civil cases. When filing this form, several other documents may also be necessary to support your petition. Below is a list of related forms and documents that are often utilized alongside the APP-151, each serving a specific purpose in the legal process.
Each of these documents plays a vital role in the writ petition process. Understanding their functions can help ensure that your petition is complete and properly filed, increasing the chances of a favorable outcome.
The California App 151 form is used to request a writ in misdemeanor, infraction, or limited civil cases. It shares similarities with several other legal documents. Here are seven documents that are similar to the California App 151 form:
When filling out the California App 151 form, it is important to adhere to specific guidelines to ensure the petition is processed correctly. Below is a list of things to do and avoid during this process.
Misconceptions about the California App 151 form can lead to confusion and potentially hinder the petition process. Here are eight common misconceptions along with clarifications:
The California App 151 form is specifically designed for requesting a writ in misdemeanor, infraction, or limited civil cases. It cannot be used for other types of writs or appeals.
Filing the form is time-sensitive. You must submit it within 30 days of the trial court's action or ruling you are challenging, unless a special statute dictates an earlier deadline.
Before completing the form, it is crucial to read the Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases (form APP-150-INFO) to understand your rights and responsibilities.
Once the form is filled out, make copies for your records, the respondent, and any real parties in interest. Proper service of these copies is essential, and you should retain proof of service.
Finally, submit the completed form along with proof of service to the clerk’s office for the appellate division of the superior court that issued the ruling you are contesting.