Tom Fay spent years as the lead civil writs attorney for California's 4th District, Division 3, processing every emergency petition that crossed the court's threshold. Effective June 29, 2026, he's now Judge Tom Fay of the Orange County Superior Court. We caught Judge Fay between appointments for an inside look at what actually happens when your writ petition hits the clerk's desk—and what separates the petitions that get a panel's attention from those that don't.

Key points:

• Help the court triage: The first question isn't the merits—it's “when is the next hearing and what happens if we don't act today?” Every writ petition is sorted the moment it arrives: same-day, next writ conference, or back of the queue. Make sure your cover page and first page of the petition allow the court to triage.
• Call the clerk before you file: For same-day stays, call the court first. The panel needs three justices, a writ attorney, and clerk staff simultaneously available. A 4:30 p.m. filing without advance notice is nearly impossible to act on.
• 59 days is not an emergency: Waiting until day 59 of a 60-day window sends a signal. Judge Fay calls it "revealed preferences"—if you treated it like a crisis, you would have filed sooner.
• Summary denials are inscrutable by design: A one-liner means the petition is denied and nothing else—not that your arguments were wrong (but that’s a possibility, too).
• “Speaking denials” are intentional: If the court adds a sentence beyond the boilerplate denial, assume it’s deliberate.

We also cover choosing the right tone, and how to frame your harm as irreparable.

Bookmark this one for next time you draft a writ petition.

What about a writ petition is most mystifying? What is your guiding light for a successful petition?