Jurisdiction, Writs, and Extraordinary Relief
Jurisdictional Foundations
The Court of Appeal has jurisdiction over appeals from superior court judgments and appealable orders (Cal. Const., art. VI, § 11; CCP § 904.1). The final judgment rule requires a final judgment before appeal, subject to exceptions: the collateral order doctrine, the death knell doctrine in class actions, and statutory exceptions (e.g., injunctions under § 904.1(a)(6), orders on family law motions, probate orders).
Writs
When no appeal lies, a party may seek a writ of mandate (CCP § 1085) or prohibition (§ 1102). Writ review is discretionary and generally requires (1) no adequate remedy at law, (2) a beneficial interest, and (3) a legal duty. The Palma procedure allows a court to issue a notice in lieu of a petition. Writs are also used to review discovery orders, disqualification of counsel, and certain trial court rulings.
Review in the Supreme Court
A petition for review must be filed within 10 days of the Court of Appeal decision becoming final (rule 8.500), extendable by the Chief Justice for good cause. Review is discretionary; grounds include conflict among districts and important questions of law.
Traps
Questions test whether an order is appealable, whether a writ is the exclusive remedy, and the timing of a petition for review. A common error is treating a denial of a motion to compel arbitration as appealable - it is, under § 1294, but a denial of a motion to quash is not.
Rule of Thumb
Ask: Is there a final judgment? If not, is there a statutory exception? If neither, is a writ available and is it worth the discretionary risk?