Regardless of whether you go with the noticed motion procedure or the alternative writ procedure, when initiating a writ proceeding in superior court you start with a writ petition. Here’s how you draft one.
When you want to challenge an action or decision by a nonjudicial body, such as a governing board, an administrative agency, or a public official, you need to file a writ in superior court. You have two procedural options for getting this process going: noticed motion and alternative writ. Ultimately, these two procedures are simply two different routes to the same goal—obtaining a hearing on the merits of the writ petition—but each procedure has its particular advantages and disadvantages.