Writs of Mandate: An Expedited Appeal (If You Can Catch the Court’s Attention)

Though perhaps an oversimplification, a writ of mandamus (or, more commonly, “mandate”) can be thought of as an expedited appeal. Whereas an appeal can take between 12-18 months, writs are often resolved in a matter of weeks. This might sound great to the antsy litigant eager for a prompt reversal, but writs are not for everyone—their applicability, in fact, is quite limited.

There are many distinctions between writs and appeals, most of which are tedious and irrelevant to non-attorneys. What’s important to know is the discretionary nature of writs. The appellate courts are required to consider appeals (assuming the appeal is properly brought, of course), but the same is not true for writs, which are entirely within the court’s discretion. It is for this reason that a staggering 90% of writs are summarily denied—i.e., rejected immediately and with no explanation from the Court of Appeal. (See Omaha Indem. Co. v. Superior Court (1989) 209 CA3d 1266, 1271.)

To better understand writs, and when they’re appropriate, we’ll divide our discussion into two broad categories: statutory and non-statutory writs.

Statutory Writs

Statutory writs refer to writs that are permitted (or, in some cases, mandated) by statute. Here is a list of some orders that are subject to writ review by statute:

  • Motion for Summary Judgment (denial only—grant of summary judgment is appealable)

  • Motion for Summary Adjudication

  • Motion to Change Venue

  • Motion to Determine Good Faith-Settlement

  • Motion to Expunge Lis Pendens

  • Motion to Disqualify Judge

  • Motion to Quash Service/Jurisdiction (denial only—grant of motion to quash is appealable)

  • Motion for Inconvenient Forum (denial only—grant of motion for inconvenient forum is appealable)

Please note that the deadlines for these writs are often quite short—far shorter than the typical 60- or 180-day period to file a notice of appeal.

Non-Statutory Writs

A non-statutory writ refers to a writ for which there is no statutory basis. Non-statutory writs are perhaps the most common writs we see. And that’s because these writs broadly apply to any number of issues: discovery orders, temporary custody orders, evidentiary rulings—and much more.

A non-statutory writ may be appropriate if (1) an error has been made, (2) there is no right to an immediate appeal (or statutory writ), and (3) there is some compelling reason why the petitioning party is entitled to immediate appellate relief (as compared to waiting for an appeal following a final judgment). It’s important to remember that writs are considered an “extraordinary remedy,” meaning the case must be exceptional for it to catch the court’s attention.

Disclaimer: The information on this website is provided for informational purposes only; it should not be construed as legal advice for any particular person, case, or circumstance. Those seeking legal advice should consult an attorney. Nothing on this website is intended to create an attorney-client relationship. Such a relationship is formed only upon executing a written fee agreement with the firm.