SECTIONS 1107-1108 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1107-1108

1107. When an application is filed for the issuance of any
prerogative writ, the application shall be accompanied by proof of
service of a copy thereof upon the respondent and the real party in
interest named in such application. The provisions of Chapter 5
(commencing with Section 1010) of Title 14 of Part 2 shall apply to
the service of the application. However, when a writ of mandate is
sought pursuant to the provisions of Section 1088.5, the action may
be filed and served in the same manner as an ordinary action under
Part 2 (commencing with Section 307). Where the real party in
respondent's interest is a board or commission, the service shall be
made upon the presiding officer, or upon the secretary, or upon a
majority of the members, of the board or commission. Within five days
after service and filing of the application, the real party in
interest or the respondent or both may serve upon the applicant and
file with the court points and authorities in opposition to the
granting of the writ.
The court in which the application is filed, in its discretion and
for good cause, may grant the application ex parte, without notice
or service of the application as herein provided.
The provisions of this section shall not be applicable to
applications for the writ of habeas corpus, or to applications for
writs of review of the Industrial Accident or Public Utilities
Commissions.

1108. Writs of review, mandate, and prohibition issued by the
Supreme Court, a court of appeal, or a superior court, may, in the
discretion of the court issuing the writ, be made returnable, and a
hearing thereon be had at any time.