Legal Question in Appeals and Writs in California

If you do not have a letter from the court of appeals you probably do not have anything to respond to yet. If you email for fax me a copy of the writ I can give more information. I would charge $100 to review the writ to tell you what you need to do, if anything. A response to the writ could be quoted when I see the entire writ. In most cases the court of appeals will deny a writ without asking for any response from you. They may ask for a formal or an informal response. Bottom line, chances are better than even that you do not need to respond.

Most writ petitions are summarily denied (meaning without a written opinion and without further briefing or argument). When the petition seeks immediate relief, a denial order often follows on the same day.

A successful writ petition has to show that the trial court's decision was not merely wrong but that it will also expose the petitioner to a serious harm which could not be adequately cured through the regular, lengthy appeal process. When the Court of Appeal believes a petition has some merit it will usually ask the other parties to respond, either formally or informally. If the Court invites you to respond, you should do so.

Based on the limited information you've provided, I can't say whether the upcoming hearing in the family court has much bearing on the decision to petition for a writ today.

Feel free to contact me directly if you'd like to discuss this further. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization.

Good luck.

While the responses of others is generally accurate I am less sanguine about not opposing the petition for writ. It is not clear where the 9:30 proceeding was set to take place. My assumption is that it would be in the family law court to derail the ex parte order. I assume you have counsel for that action. The Court of Appeal is going to be concerned with an order changing custody of a child or children. So they will take seriously the trial court's order. You should immediately address the Court of Appeal's concern with the significance of the trial court's action by providing them with correct information that support's the trial court's action and assuring them that the change of custody will not threaten the well being of the children. The petitioner may not portray the trial court's action in the same way that you view that action. The Court of Appeal takes the trial court action very seriously and are more likely to issue a writ especially if the petition alleges that the trial court acted precipitiously and without sufficient justification. I would submit an opposition to issuance of an alternative writ to clarify and support the trial court's action. Don't rely on the generalization that most petitions are rejected without opposition. Good Luck.