Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title.
Of Writs of Review, Mandate, and Prohibition 1067.-1110bRules of Practice and Appeals
Section § 1109
This section states that, unless there is an exception in this Title, the rules in Part II of the Code of Civil Procedure apply to the legal proceedings discussed here.
rules of practice proceedings applicable provisions
Section § 1110
This law explains that the rules about new trials and appeals from another part of the legal code also apply to the proceedings in this section, unless they conflict with something specific in this section.
The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title.
new trials appeals proceedings
Section § 1110
If someone appeals a court order that tells them to deliver water for irrigation, they still have to keep delivering the water during the appeal process. However, if delivering the water requires any costs, the person delivering can ask for a bond from the person who asked for the water. This bond covers the costs if the original court order is overturned.
If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, such appeal shall not stay the operation of the order, judgment or writ as to the delivery of such water, but such water must until the final determination of said appeal be delivered as commanded by said writ; provided, that if any expense is necessary to be incurred by the defendant in connecting the water supply with the land to be irrigated, said defendant shall not be obliged to furnish water unless the plaintiff shall provide a bond in such sum as the court may fix, conditioned that in the event of the
judgment being reversed, plaintiff will pay defendant the amount of the expense so incurred not exceeding the amount of said bond.
appeal process writ of mandate water delivery
Section § 1110
If someone appeals a court's decision involving a writ of mandate, the court has the option to allow the original order to be carried out immediately if the person who requested the writ can show they'll face severe harm to their job or business if there is a delay.
If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may direct that the appeal shall not operate as a stay of execution if it is satisfied upon the showing made by the petitioner that he will suffer irreparable damage in his business or profession if the execution is stayed.
appeal writ of mandate stay of execution
