petition for writ of mandate california sample

petition for writ of mandate california sample

(Topanga Assn for a Scenic Community v. County of Los Angeles, (Topanga) (1974) 11 Cal.3d 506, 514-15.) COUNTY OF SACRAMENTO (Ibid.) Telephone: (916) 419-7111 . Your alert tracking was successfully added. The major difference between these two is that under the Writ Act 226 there is a constitutional remedy for all people. ; Treber v . Writ of Mandamus. ), The petitioner always bears the burden of proof in an ordinary mandate proceeding. hb```f``d`2lx Y8Z:(0\a`x\,!aZhkiH)`b&f%_.&G! ZJ!|F) DMV writs are a kind of order from a court telling a government body like a school board or DMV to reverse a decision. %PDF-1.5 % STATUTE OF LIMITATIONS FOR ADMINISTRATIVE For most local agencies, 90 days after decision is final (CCP 1094.6(b)) But if APA applies, then it's 30 days after last day for agency to order reconsideration. Mandate will not issue to compel action unless it is shown the duty to do the thing asked for is plain and unmixed with discretionary power or the exercise of judgment. (Unnamed Physician v. Board of Trustees of Saint Agnes Medical Center (2001) 93 Cal.App.4th 607, 618. Defendants CITY OF LOS ANGELES AND LOS ANGELES CITY COUN ..SHIP DEVELOPMENT PROJECT LITIGATION }'\. 2 endobj of Cal. Your content views addon has successfully been added. The CPRA does not give unlimited access to records that may be exempt from disclosure. App., endstream endobj startxref You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution, whereas you can file the writ petition in High Court under Article 226 of the Indian constitution. 8 The court overrules the demurrer by respondents CSP-San Quentin and R. Davis (Respondents) to the rst amended petition (amended petition) of petitioner Noel P. Scott (Petitioner). Petition for Writ of Mandate to Compel Compliance with the Public Records Act, Complaint for Declaratory Relief and Preliminary and Permanent Injunction filed March 7, 2019 ("Petition"). Petitioners bring Petitions for Writ of Mandate under California Code of Civil Procedure section 1094.5. %%EOF [TENTATIVE] RULING RE: P. 40(a)(1). f)`u Q|,N |j29:^xfd[Z{=xe;3/ fNU8G}08se:|m:7u\niqC2m?GWZXy9V:,S^0naIE3EPw| {eE:VRV>4Te|e'`VZ.MN3&"BO/y?3{^S'_MA_:_eF[tz,.DoujPfOtr'.mn) [&AMW9VATn1-rBXu6mdUh%MzENZ :gE)JF;kfy3c9]H^98iuH3K]JqmiSEFiT$*)*Lzdl/{^${y%]S0'f[2Y3>;~`_`. ), The standard of review on administrative mandamus is independent review. Writs are drafted by courts or other entities with jurisdictional or legal power. (Board of Medical Quality Assurance v. Super. Warden, Lt. Arebelo Fox Yard Lieutenant, Sgt. ), 1094.5 of the Code of Civil Procedure is the administrative mandamus provision which structures the procedure for judicial review of adjudicatory decisions rendered by administrative agencies. Score: 4.5/5 (2 votes) . Additionally, the court expects all attorneys to be familiar with the Attorney Guidelines of Civility and . Where the issue is whether the action is lacking in evidentiary support, the applicable standard of review is the substantial evidence test. (Taylor Bus Serv. at 1169. Next . 10 0 obj 707 Wilshire Boulevard, Suite 4300 . Code of Civil Procedure Section 1094.5 governs writs of administrative mandate, which are used . v. Los Angeles Unified Sch. RICHARD K. SUEYOSHI CLERK E. GONZALEZ ~if|_8n d AXua)[wGyu').c@"1C-I,%%vTMb1`f 9HJq"4qAh c(ID`@)$J`-yl9|(c^,cIyJpMglYtVdR}O:pf)d~%Vtv1:oU8.0)E$KfwM&wc_bT[[Pl4JNw eh}Nn$#de,nV:Xs(kbHZ&Qz . 0 0 The following page will be displayed. ~UDGE James P. Arguelles DEPT. endstream Proc., 1085.) : PETITION FOR WRIT OF MANDATE Petitioner hereby alleges as follows: PARTIES 1. Do you have to be a solicitor to represent someone in court? Writ Of Mandate CODE OF CIVIL PROCEDURE SECTION 1084-1097 . endstream . )/7@G89Y]nrz.K4':i*-llRc{$ @*/B" C~"|kA/54?eKpW. We noticed that you're using an AdBlocker, Petition for Writ of Administrative Mandate. When your state or federal criminal appeals are exhausted, including a state-level petition for a Writ of Habeas Corpus, then your attorney will draft a petition for a Writ of Habeas Corpus and file it with the proper U.S. District Court. when approving the Project's Final Environmental Impact Report ("FEIR"). having the proper label (e.g., petition for writ of mandate deem it to be a you if mistakenly prayed for writ ofa prohibition) and may call you if a critical part of the record is missing. These petitions are filed in the Supreme Court of India. Matheis has the burden of persuading the Court that Citys findings are incorrect and against the weight of the evidence. endstream endobj startxref 1. After appellant became eligible for a youth offender parole hearing under SB 394, the trial court granted the district attorney's petition for writ of mandate and found the bill was an unlawful amendment to Prop 115 and violated the California Constitution. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. 9 There is generally no time limit to file a common law writ petition for mandate or prohibition relief. Petitioner, The fancy legal term is writ of mandate or writ of mandamus following the Latin convention. (2) Decision. 8 0 obj v. Sutton (1945) 69 Cal.App.2d 181, 184.) Thus, Truck's assertions in the writ petition that Mr. Kwok's claim is Labor Code section 5950 permits a party aggrieved by the orders ofthe Workers' Compensation Appeals Board to petition this court for a writ of review. PETITION FOR WRIT OF MANDATE, PROHIBITION, OR OTHER APPROPRIATE RELIEF (Related appeal filed separately) Please note: This sample document is redacted from an actual research and writing project we did for a customer some time ago. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. endstream endobj startxref Fed. 351 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION ONE . (d).) FATE hereby petitions this Court for a writ of mandate directed to the respondent Superior Court of the State of California for the County of Alameda. Types of Writs and Time Limits for Filing a Petition Statutory writ petitions are often required to be filed within a time prescribed by the statute itself, which is usually short (e.g., 10 or 20 days). /VV$*SW%*%Xd]*2'. F? A presumption exists that an administrative action was supported by substantial evidence. 0 Petitioner Water Ratepayers Association of the Monterey Peninsula ("WRAMP") Proc., 1107; Younger v. Jordan (1954) 42 Cal.2d 757, 758.). Box 2446 Carlsbad, CA 920182446 SBN 108342 Telephone: (760) 7300500 Attorney for Petitioner CHRISTINA HARRIS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION A separately filed request for a temporary stay must also be served on the respondent. <>stream Warrants and subpoenas are two common types of writs. hVmo0+}~I$Rt5hBT8 F'v>4v&92oX!}(MI{^Qw!XGGKw4v@P@ZZG[ZAp9 $= v2?C[_mS8CDt}{'-K309Gi`4CD)d Q As a power of attorney holder for someone, you may sign sale deeds and agreements on his behalf, but you cannot argue for him in a court of law unless specifically permitted. In the DMV context, a writ of mandate commands DMV to overturn a suspension or perform some other administrative function. FOR WRIT OF MANDATE . Proc., 1085.) at pp. AIDS HEALTHCARE FOUNDATION VS CITY OF LOS ANGELES, ET AL. Tentative decision on petition for mandate: denied endstream endobj 124 0 obj <> endobj 125 0 obj <>/MediaBox[0 0 612 792]/Parent 117 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 2/Tabs/S/Type/Page>> endobj 126 0 obj <>stream endstream endobj 127 0 obj <>stream November 15, 2019 (Id.) An administrative mandate is available only if the decision resulted from a proceeding in which by law: (McGill v. Regents of the Univ. These writs come primarily in two varieties, the "traditional writ of mandate" and the "writ of administrative mandate.". the time for filing a petition for rehearing is 45 days after entry of judgment. Dist. MARJORIE McCUNE, Case No. ), If the administrative agency provides a hearing but was not required [to do so] by law, administrative mandamus does not apply. (Shelden v. Marin Cnty. You can also file Writ Petitions in India for a civil or a criminal act. g*z-8*8! g@p _+L will be able to access it on trellis. 70 0 obj <>stream Ver California Practice Guide: Civil Appeals and Writs, KFC 1075 .E47 (disponible en la sede de San Bernardino, en formato impreso y en lnea en todas las sedes a travs de Westlaw), o California Civil Writ Practice, KFC 1070 .C35, volumen 2 (disponible en las sedes de San Bernardino y West End, en formato impreso y en lnea en todas las . 4 You can always see your envelopes But a petition is a form of writ raised by the people in the form of a request for a legal authority that seeks to take action regarding a particular cause. iH0* ( Hde A&30 30 . Foundational factual findings must be sustained if supported by substantial evidence. (Id. r|sO"#b(N/D0"\1 }I ~./2&J{F}z\uR&*E^t*0,cL+*g#MXNs=gv4&^i dpi|Gtowbk>T$8%o:]kcJ[UOpEY'. App. Code 815.6)) y way of this petition for writ of mandate and damages, petitioner, Ruis Racing . PRAYER 5 . Mandate (aka "Mandamus,") is an "extraordinary" remedy provided by a court sitting in equity. Last. 3 Special Proceedings. If the mandate has issued, the petition for rehearing should be accompanied by a motion to recall the mandate. You can get these rules and forms at any courthouse or county law library or online at www.courtinfo.ca.gov /rules. A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated. Only about 3% of cases filed in the California Supreme Court are reviewed. To overturn a DMV suspension, a motorist may appeal it by asking a superior court judge to issue a writ. The writ of mandate is a type of extraordinary writ in the U.S. state of California. (Ibid. (Board of Supervisors v. Super. On March 7, 2013, the Court of Appeal issued its opinion reversing the judgment (order granting petition for a writ of administrative mandate) in favor of Monarch and remanding with directions to deny the petition. These writs are also called administrative writs of mandate. Hj!uk Pi@,ns>OxKN_G/]ANweMs,T -'Lgf@6i 533{TS+ td9*y*e"\B@ 5 P@ g@N,23r4odBbG| ~ 0 d 0 eY Please read this information sheet before you fill out Petition for Writ (Small Claims) (form SC-300). 3 There might be instances where the Act deprives the assessee or the commissioner of the right to appeal. If a petition for a writ of mandate filed pursuant to Section 1088.5 presents no triable issue of fact or is based solely on an administrative record, the matter may be determined by the court by noticed motion . A court may issue a write of ordinary mandate against a corporation in the same circumstances. ], (Clark vs. City of Hermosa Beach (1996) 48 Cal.App.4th 1152.) Similarly, click on every category and fill in the required information. 4 0 obj 10 Petitioner has stated facts sufcient to constitute a val ..ormance of an act which the law specically enjoins, as a duty resulting from an ofce, trust, or station, Under this section, mandate will lie to compel performance of a clear, present, and usually ministerial duty in cases where a petitioner has a clear, present and benecial right to performance of that duty. v. Woodside (1994) 7 Cal.4th 525, 539.) endstream The Requests for Judicial Notice filed by the parties are granted. 393(b). A petition for writ of administrative mandate must be filed within the agency's timeline. Primary tabs. Summary of California Law (9th ed. endobj Petitioner Rupert Staine ("Staine ") seeks a writ of administrative mandamus against Respondents Board of Civil Service Commissioners for the City of Los Angeles ("Board") and Real Party-in-Interest City of Los Angeles Department of Airports (" ..2015, the Department served Staine with a Notice of Discharge, Suspension, or Probationary Termination, which became effective immediately. Part 2: New CPRA Laws for 2020. Proc. The writ petition must be filed and served within 10 days after service of notice of entry of the order denying the peremptory challenge. Fukuda v. City of Angeles (1999) 20 Cal.4t SUPERIOR COURT OF CALIFORNIA (Ex. hVn8>(! A Petition for Writ of Administrative Mandate is not a new trial on your matter. hb```@ 9N8 h000x0LpyLG%0Mf`z/y9@ok0gKUJ%52E3IO'@@) yzkTN " [A] writ of mandate may not be issued where the petitioner's rights are otherwise adequately protected." (Code of Civ. Like other writ petitions, a petition for writ of supersedeas may include a request for a temporary stay under rule 8.116, pending the ruling on the petition. Therefore, if the petitioner has an adequate remedy in the form of an ordinary cause of action a writ of mandate must be denied. (Agosto V. Board of Trustees of the Grossmont-Cuyamaca Community College District (2010) 189 Cal.App.4th 330, 345. VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ameszaros@earthjustice.org . IV. We noticed that you're using an AdBlocker. Judicial review of most public agency decisions is obtained by a proceeding for a writ of ordinary or administrative mandate. The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition, and review (certiorari) in any misdemeanor, infraction, or limited civil case. 2. Mandamus has long been recognized as the appropriate means by which to challenge a government ofcials refusal to implement a duly enacted legislative measure. (Morris v. Harper (2001) 94 Cal.App.4th 52, 58.) "Abuse of discretion is established if the . (Code of Civ. v. Sutton (1945) 69 Cal.App.2d 181, 184.) We will use a process server to do that, which will cost $100 or so. ks _;:LIV.MXRu?m\?e[Px:Rf=mpq[~v o,^ ^TZ.&p#$U%syenVu,+}eTl$V+h;V&=Q"EK6WV^CHBd!qCr(v`t2Fq 9XOZLsO\ Proc., 1085; Santa Clara County Counsel Attys. Monarch Country Mobilehome Owners Ass'n v. City of Goleta, 2013 Cal.App.Unpub.LEXIS 1713, 36 (2013). DATE/TIME July 20, 2018, 11:00 a.m. DEPT. VERIFICATION 6 . 1000 Los Angeles, CA 90017 . ), Issues of procedure and whether findings support an agency decision are reviewed de novo. 52 0 obj <> endobj PETITION FOR WRIT OF MANDATE *ELLIOT L. BIEN (SB # 90744) PAUL LAHADERNE (SB # 53938) JOCELYN S. SPERLING (SB # 211714) SEDGWICK, LLP (Pet., p. 1, and Exs. Petition for Writ of Mandate, the San Francisco Superi or Court requires Petitioner to proceed to Arraignment and to enter a plea to Counts One through Fourteen of the Amended Criminal Complaint, unless restrained by order of this Court. {@Y;:Htchye@_'5|jchc`aTPK,XUT4#Pd:f`530 i The court directed the respondent to file an affidavit reply, which was filed. <> There are some agency decisions that by statute or case law are judicially reviewed at the appellate level. Judge Mary Strobel A writ is defined as a formal, legal document. hbbd``b`N@-`1@\- ""A(@ n' Attend the hearing and present your case. There are two essential requirements to the issuance of an ordinary writ of mandate: (California Assn for Health Services at Home v. Department of Health Services (2007) 148 Cal.App.4th 696, 704. HKO0A/ !6CC@F,AM c";!wq]/n~Z>_lqOGGpKq/A4)_>iRPN {kib U2*C0A |MPt>x2_ wQcCxC.\jzI*z ij=7mtSznJ2Rfgl$e6g#Nlk,OeeH| '`FLb|{W}#0]/*unworA&x_iu\wLyhYL3W. Your subscription has successfully been upgraded. }RrN9Lc12Nz?Jy8'GTZZB*PX+$0sB I*J.j7AH(/|A Your recipients will receive an email with this envelope shortly and In the event that a hearing is requested, oral argument shall be limited to no more than 20 minutes per side. Respondents Hanin Federal Credit Union, Choon Hyung Jhoun, James Lee, Bog Sub Lee, Juan Lee, Young Hwan Cho, Tai Ho Kang and Teahyon Leem (Respondents) demur to the first amended petition for writ of mandate ..lege that Respondents distributed inaccurate minutes of the June 26, 2016 Board meeting to legitimize the removals of Petitioners. CALIFORNIA DEPARTMENT OF CORRECTIO ..e the final ruling of the Court unless a party wishing to be heard so advises the clerk of this Department no later than 4:00 p.m. on the court day preceding the hearing and further advises the clerk that such party has notified the other side of its intention to appear. hmo6 (c) Writ Jurisdiction. _"(g*)-m8 by clicking the Inbox on the top right hand corner. v. Fair Employment & Housing Com. 4th 693, 700. Proc., 1068(b), 1085(b) and 1103(b).) A writ is a formal written order issued by a Court. Code (1924) 193 Cal. There is no standard Judicial Council form for the Petition for Writ of Mandate. Appeals to the High Court can be made by the Assessee or the Commissioner of Income Tax. For information about writs of supersedeas, please see rule 8.824 of the California Rules of Court. San Diego, CA 92101 Telephone: (619) 232-8776 . HVM14!1&q8VP+XkH@i;BrUJ+=?q_bggt!"_rZEs;|uC.0KDb`?# \7O%=_{h$4K1HBRbACIY9AaK#0T#1rcdLx?R'i=~cJ=GVX_bF G;JT"f{s/M s>{g !y4)4h*ZOx$%RJW%\a.FO5LE!h(33M(rB5/ endstream endobj 132 0 obj <>stream Assn. All parties to the proceeding in the trial court other than . hb```f``2e`a`` @1V x !>U7{9(8eo#QVs3guql=bt=XWxW l01> .rzF(^6aw]Q(^~i]gq#A @!xD2-Ur@~Kyp f`r,: #i&E^/LLfdW 1Nam0+$diF ~` s then next. Hearing: January 5, 2017 You will lose the information in your envelope. HWNA}n Taking the Drama Out of Deciding to File a Petition for Writ of Mandate (2005) League of California Cities City Attorneys Spring Conference. /*JRO!? The trial court not only examines the administrative record for errors of law, but also exercises its independent judgment upon evidence disclosed in a li Rupert Staine v. Board of Civil Service COUNTY OF SACRAMENTO II. Last. try clicking the minimize button instead. 3 0 obj The Demurrers to the Complaint of Defendants City of Los Angeles and Los Angeles City Council, and Real Parties in Interest CH Palladium, LLC, CH Palladium Holdings, LLC, 5929 Sunset (Hollywood), LLC, CRE-HAR Crossroads SPV, LLC and 6400 Sunset LLC are SUSTAINED without leave to amend. RESOURCES AGENCY, CALIFORNIA COASTAL COMMISSION, CALIFORNIA COASTAL COMMISSION BOARD OF COMMISSIONERS, Respondents, CALIFORNIA AMERICAN WATER COMPANY, Real Parties in Interest _____/ Case No. Thus, [w]here a statute or ordinance clearly denes the specic duties or course of conduct that a governing body must take, that course of conduct becomes mandatory and eliminates any element of discretion. (Schwartz v. Poizner (2010) 187 Cal.App.4th 592, 596-597.) Subpoena any witnesses who might provide favorable testimony -- a bank officer, for example, or a doctor. hb```"+ ea = QcS;PYfLuw@A_>Gnk0 $ ,0f`h0`hp`h`hp We will email you 7 by clicking the Inbox on the top right hand corner. bchan@earthjustice.org SHANA E. EMILE, CA Bar No. The administrative appeal was accepted at the first level review by Associate Warden Denny. While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. 6 0 obj endstream endobj 131 0 obj <>stream 3 Steps To Winning A Writ Of Mandate. Please wait a moment while we load this page. : 34-2016-80002439 The Supreme Court or High Court can issue this writ against both private and public authorities. Fees. ), A proceeding under 1094.5 is the exclusive remedy for judicial review of the quasi-adjudicatory administrative action of the local-level agency. (City of Santee v. Super. A writ of mandate may be either peremptory or alternative. Nature of Proceedings: Motion: Entry of Judgment 8 9 0 obj of Educ., supra, at p. 1340-1341. There are three main steps in the . endobj Petition for Writ of Review (Labor Code section 5950, et seq.) R. App. <>stream v. San Diego Bd. Petitioner's alternative petition for writ of mandate, and/or prohibition or other alternative review is not a form . Writ is another word for order. <>stream The hearing officer is only required to issue findings that give enough explanation so that parties may determine whether, and upon what basis, to review the decision. As with the petition for writ of mandate, the petition for supersedeas must be verified. Proc, 1086; County of San Diego v. We serve the county by hand-delivering the filed documents on the Clerk of the Board of Supervisors of the county. <>stream of Educ. ) against Defendants J. Costelo Warden, P. Denny Assoc. This action was filed in March 2 003. Res. Although the statute does not expressly forbid the issuance of the writ if another adequate remedy exists, it has long been established as a general rule that the writ will not be issued if another such remedy was available to the petitioner. (Phelan v. Super. A Defendants, Cross-Complainants, and Petitioners, San Francisco Superior Court . E. Writ of Habeas Corpus This is the remedy when a family law litigant has been found in contempt of court. You can always see your envelopes R. 40-1 (petitions must be received on the due date). If the petition is against any decision by a lower court, then click on the 'Lower Court' button. The burden is on the appellant to show there is no substantial evidence whatsoever to support the findings. (Id. CH PALLADIUM, LLC; CH PALLADIUM HOLDINGS, LLC; 5929 SUNSET (HOLLYWOOD) LLC; CRE-HAR CROSSROADS SPV, LLC; 6400 SUNSET, LLC %%EOF Your credits were successfully purchased. When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. (Code of Civ. (Auburn Woods I Homeowners Assn. x* endstream endobj 53 0 obj <> endobj 54 0 obj <> endobj 55 0 obj <>stream 146 0 obj <>/Filter/FlateDecode/ID[<827C8B6DF8359FEA3141D9046E2DB56F><026D461EBDCC8F4AAE108F04386BE356>]/Index[127 34]/Info 126 0 R/Length 91/Prev 184123/Root 128 0 R/Size 161/Type/XRef/W[1 2 1]>>stream Discretion is the power conferred on public functionaries to act officially according to the dictates of their own judgment. (AIDS Healthcare Foundation v. Los Angeles County Dep't of Pub. (Strumsky v. San Diego County Employees Retirement Association (1974) 11 Cal.3rd 28, 32.) ), Court Finding - After Court Trial 02/10/2022, Other Writ /Judicial Review (General Jurisdiction), 1 [ 6 0 R ] Wanda Jones, Real Party in Interest. 436 0 obj <>/Filter/FlateDecode/ID[]/Index[418 28]/Info 417 0 R/Length 89/Prev 158001/Root 419 0 R/Size 446/Type/XRef/W[1 2 1]>>stream AGEN, 1 California may have more current or accurate information. las normas y procedimientos de una apelacin. CGC-19-573821 Honorable Ethan P. Schulman, Dept. endstream endobj 128 0 obj <>stream Substantial evidence has been defined as relevant evidence that a reasonable mind might accept as adequate support for a conclusion. Petition for Writ of Mandate-CCP 1094.5 . CCP 1094.5(c). will be able to access it on trellis. 2009 California Code of Civil Procedure - Section 1084-1097 :: Chapter 2. A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. 160287) Christopher R. Edgar (No. Proceedings on a petition for writ of mandate are special proceedings rather than civil actions. <>stream On August 17, 2017, the Court entered a stipulated Order . Also, it generally must be special in the sense that it is over and above the interest held in common by the public at large. %%EOF Adding your team is easy in the "Manage Company Users" tab. 7 which their government invades their privacy in their name. v. 10 What is the difference between CrPC and IPC? NO 31 JUDGE HON. Code Civ. %PDF-1.5 % An agency is presumed to have regularly performed its official duties, and the petitioner therefore has the burden of proof. It is Plaintiffs burden to show that he does not have such a remedy. L,xPXcAJWlA[JT\m27xC!B~f{g;gKgVJ'9FHsAyN>^Rz'=\q A petitioner may seek a writ of mandate to compel a public agency to perform acts required by law. at 259. !9Zh!_(&dl2-1, @pr/_`x;/o ), There are two prongs to the test for the beneficial interest required to pursue an action in mandamus. <> (1995) 10 Cal.4th 1133, 1154. Petition for Writ of Mandate and Damages (CCP 1094.5, 1095) 3. The Court has jurisdiction of this petition for peremptory writ of mandate pursuant to Code of Civil Procedure 1085. We will email you

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