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Rules of Civil Practice and Appeals

Provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title

By Chris Micheli, April 12, 2025 2:30 am

Code of Civil Procedure Part 3, Title 1, Chapter 5 contains rules of practice and appeals for special civil proceedings in California. Section 1109 provides that the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title.

Section 1110 specifies that the provisions of Part II of this Code relative to new trials and appeals apply to the proceedings mentioned in this Title.

Section 1110a states that, if an appeal is taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, the appeal does not stay the operation of the order, judgment or writ as to the delivery of the water.

Section 1110b specifies that, if an appeal is taken from an order or judgment granting a writ of mandate, the court granting the writ, or the appellate court, may direct that the appeal does not operate as a stay of execution if it is satisfied upon the showing made by the petitioner that he will suffer irreparable damage in his business or profession if the execution is stayed.

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