Writs of Review

Writs of review are addressed in the California Code of Procedure in Part 3, Title 1, Chapter 1. Section 1067 specifies that the writ of certiorari is also known as the writ of review.

Section 1068 allows a writ of review to be granted by any court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of the tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.

Section 1069 requires the application to be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.

Section 1070 allows the writ to be directed to the inferior tribunal, board, or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the Clerk must return the writ with the transcript required.

Section 1071 requires the writ of review to command the party to whom it is directed to certify fully to the court issuing the writ at a time and place specified by court order a transcript of the record and proceedings.

Section 1072 states that, if a stay of proceedings is not intended, the words requiring the stay must be omitted from the writ.

Section 1073 requires the writ to be served in the same manner as a summons in civil action.

Section 1074 says that the review upon this writ cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of the tribunal, board, or officer.

Section 1075 allows the court to order, if the return of the writ is defective, a further return to be made. When a full return has been made, the Court must hear the parties, and then give judgment, either affirming or annulling, or modifying the proceedings below.

Section 1076 requires a copy of the judgment, signed by the Clerk, to be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceeding certified up.

Section 1077 provides that a copy of the judgment, signed by the Clerk, and that constitutes the judgment roll.