Sometimes you cannot wait for the case to resolve to file an appeal. You need the appellate court to prevent an adverse ruling from derailing your entire case. Without immediate help, you or your client will suffer irreparable harm. Sometimes you must challenge an adverse ruling within a short timeframe or you won’t be able to challenge it down the road in an appeal. You need competent, experienced appellate counsel to help you navigate these potential landmines and help you seek petitions for writ relief in Los Angeles.
It is often difficult to know whether an appeal or writ of petition is appropriate in any given case. If you or a loved one is considering disputing a trial court’s decision, it would be wise to consult a knowledgeable lawyer at Gusdorff Law in Los Angeles who handles appeals and writ petitions.
Call Gusdorff Law today at 818-877-4515 to find out how our experienced appellate lawyers can help with petitions for writ relief in Los Angeles!
What Are Petitions for Writ Relief in Los Angeles?
Typically, parties seek writs in the form of an order from an appellate court directing a lower court to either take specific action or to refrain from taking specific action. Writ petitions, unlike appeals that are heard as a matter of right, are usually heard as a matter of discretion and are governed by equitable principles.
Appellate courts typically grant relief under the following conditions:
- The petitioner has no other adequate, speedy, and plain remedy in the ordinary course of law.
- The petitioner is likely to suffer irreparable injury if such relief isn’t granted.
Filing petitions for writ relief in Los Angeles is usually a complicated process since you have to convince the appellate court that your petition is justified and that what you are requesting is significant enough to warrant its immediate attention. Still, writs have several advantages:
- The writ process typically resolves quicker than appeals (that take up to one year or longer).
- Decisions considered legally “unappealable” can be overturned using writs.
- Writ proceedings are considered “original” proceedings in California and therefore may allow the parties to introduce new evidence, whereas such evidence would be inadmissible in an appeal.
How Does Petitions for Writ Relief Differ from an Appeal?
Writ relief is considered an extraordinary remedy, which means that parties receive such relief, if at all, only when they lack any other adequate remedy at law, such as an appeal, and only when they will suffer irreparable harm in the absence of such relief.
Appeals have two key limitations: they are slow and usually cannot be brought until the end of the case, and, the parties are restricted to the record that was made in the trial court. The limitations inherent in appeals can easily make them an insufficient remedy when the defendant’s situation requires immediate relief or involves evidence that exists outside the trial court record.
What Are Some Common Writs in Civil Cases?
Petitioners may seek several types of writs from appellate courts directed at the trial court or lower appellate courts. The vast majority of writs require advanced knowledge of the law and involve detailed procedures. That’s why it is advisable to hire a lawyer such as Gusdorff Law if you want to make an application for a writ.
Here are some common writs include:
Writ of Mandamus
Mandamus is Latin for “we command,” and a writ of mandamus is a legal order from a higher court that a lower court, public official or government entity must perform an act that they are legally required to do, or not to exceed their powers.
Writ of Certiorari
Certiorari literally means “to be made certain or to certify,” and a writ of certiorari is an order instructing a lower court to produce its records in a case so that they may be reviewed by a higher court. The writ is typically used in cases where an appeal failed and you still feel that justice has not been done.
Writ of Prohibition
A writ of prohibition is a legal demand for a lower or subordinate court to stop performing an action it lacks authority to perform. The writ is typically used preventatively and not correctively, and is therefore used to prevent further action in excess of jurisdiction (as opposed to correcting an error that has already occurred.)
Why Should I Hire Gusdorff Law to Prepare My Petitions for Writ Relief in Los Angeles?
Janet Gusdorff, certified appellate law specialist and the founder of Gusdorff Law has handled writs and appeals exclusively since 2006 and represents clients in all matters related to writs in Los Angeles and many other parts of California.
Gusdorff Law offers a unique perspective and approach to appellate law and will help you determine whether you are eligible to file petitions for writ relief in Los Angeles, gathering evidence supporting the petition, and researching the best strategy for obtaining relief from the court.
At Gusdorff Law, we will help you determine whether filing a petition for writ relief is the best course of action depending on your specific circumstances, or whether a direct appeal is a more suitable option in your situation. Because writs involve imminent harm, the timeline to file the petition can be quite short. You need knowledgeable and aggressive legal representation that can jump right into your case and maximize your chances of obtaining writ relief.
Want to File Petitions for Writ Relief in Los Angeles?
Writ relief is extremely rare and is difficult to obtain. However, that shouldn’t dissuade you from finding out whether writ relief is necessary in your case, or whether you can proceed by direct appeal. The experienced lawyers at Gusdorff Law can review your situation to help you decide the best course of action and whether to file petitions for writ relief in Los Angeles. Call us today at 818-877-4515 to schedule a consultation with an experienced appellate lawyer.