Does a writ of prohibition need to be issued?

Respondents argue that, regardless of the propriety of the trial court's intended course of action, the trial court has not acted and hence prohibition is not a proper remedy. If a court makes an order or ruling in excess of jurisdiction (conduct which in itself indicates an intention to act in accordance with the order or ruling), a writ of prohibition will issue. (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 288--291, 109 P.2d 942.) Therefore, prohibition is a proper remedy in this case.

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