Q: If/when applicable, how to ask court to treat appeal as extraordinary writ?
If/when applicable, how to ask court to treat appeal as extraordinary writ?
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A:
To request that a court treat your appeal as an extraordinary writ, you'll need to include a specific section in your appellate brief addressing this alternative request. This is typically done when there might be questions about whether the underlying order is immediately appealable.
In your brief, explain why treating the matter as a writ petition would be appropriate under the circumstances. Focus on factors like irreparable harm, lack of adequate alternative remedies, and why waiting for a final judgment would be insufficient. You should cite relevant California cases where courts have treated appeals as writ petitions, such as Olson v. Cory or Morehart v. County of Santa Barbara.
Remember to format this request properly - typically as a separate section in your brief with its own heading. You might write something like "Alternative Request for Writ Relief" and then explain the legal basis for treating your appeal as a writ petition. Be sure to also include this request in your conclusion and prayer for relief, making clear you're seeking review either through direct appeal or, alternatively, through writ proceedings.
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