Writs of Prohibition

The California Code of Civil Procedure, in Part 3, Title 1, Chapter 3, provides for writs of prohibition. Section 1102 explains that the writ of prohibition stops the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when those proceedings are without the jurisdiction of the tribunal, corporation, board, or person.

Section 1103 allows a writ of prohibition to be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficially interested.

Section 1104 requires the writ to be either alternative or peremptory. The alternative writ must command the party to whom it is directed to refrain from further proceedings in the action or matter specified. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he or she should not be absolutely restrained must be omitted.