California § 1088 - When the application to the court is made without notice to the adverse party, an
Full text of California Public Contract Code - PCC § 1088 — When the application to the court is made without notice to the adverse party, an, with citation guidance and answers to common questions.
§ 1088. When the application to the court is made without notice to the adverse party, an
When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance. With the alternative writ and also with any notice of an intention to apply for the writ, there must be served on each person against whom the writ is sought a copy of the petition. The notice of the application, when given, must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appears or not.
Source: official California text · Last verified 2026-08-27
Frequently Asked Questions About California § 1088
What does Public Contract Code - PCC § 1088 cover?
Section 1088 ("When the application to the court is made without notice to the adverse party, an") is part of the Public Contract Code - PCC, the codified statutory law of California. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite California § 1088?
A common citation format is "Public Contract Code - PCC § 1088" (California). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of California law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the California official source linked on this page or consult a licensed California attorney.
How does California § 1088 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in California can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in California.