The writ of mandamus may be denominated a writ of mandate.
Of Writs of Review, Mandate, and Prohibition 1067.-1110bWrit of Mandate
Section § 1084
This law section states that the legal term 'writ of mandamus' can also be called a 'writ of mandate.'
writ of mandamus writ of mandate legal terminology
Section § 1085
This law allows a court to issue a 'writ of mandate,' which is an order that makes a lower court, corporation, board, or person do something they are legally obligated to do. This writ can also ensure that someone gets a right or office they are entitled to if they were wrongfully denied. In specific cases involving limited civil cases or minor offenses, the appellate division can order the superior court to comply with this writ, considering it as an inferior tribunal when applicable.
(a)CA Civil Procedure Code § 1085(a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that
inferior tribunal, corporation, board, or person.
(b)CA Civil Procedure Code § 1085(b) The appellate division of the superior court may grant a writ of mandate directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of mandate directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.
writ of mandate inferior tribunal appellate division
Section § 1085.5
This law section explains that if anyone wants to challenge or review actions taken by the Director of Food and Agriculture under specific parts of the Food and Agricultural Code, they must follow a particular procedure. This procedure is outlined in a different part of the same code, ensuring that there’s a standard process for handling these cases.
Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture under Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Code, the procedure for issuance of a writ of mandate shall be in accordance with Chapter 1.5 (commencing with Section 5051) of Part 1 of Division 4 of that code.
Director of Food and Agriculture Division 4 Division 5
Section § 1086
This law says that a special court order, called a writ, should be given out when someone doesn't have an easy, quick, and adequate solution available through regular legal channels. The writ can be issued if the person asking for it submits a verified petition and has a real interest in the case.
The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested.
writ plain remedy speedy remedy
Section § 1087
This law describes two types of court orders called writs: alternative and peremptory. An alternative writ tells someone they must either do a specific task or explain to the court why they haven't. A peremptory writ orders the person to do the task without offering a chance to explain.
The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and place then or thereafter specified by court order why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done as commanded must be omitted.
alternative writ peremptory writ court order
Section § 1088
If you want to apply to a court for a writ (a formal written order) without notifying the other party, the court can allow it but will first issue an alternative writ. However, if the other party is notified properly and the writ is allowed, the court can issue a peremptory writ right away. Regardless, when applying for the writ, you must provide each person involved with a notice and a copy of the petition at least ten days in advance. Also, a writ cannot just be granted because the other side didn't respond; the court must hear the case even if the other side doesn't show up.
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.
writ application alternative writ peremptory writ
Section § 1088.5
If you're seeking a court order in a trial court and you're not asking for a preliminary step called an 'alternative writ,' you don't need to provide proof that you've served the other parties at the time you file your request. However, you must show you've given them a copy before the judge makes any decision or holds a hearing.
In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of filing, but proof of service of a copy of the filed petition must be lodged with the court prior to a hearing or any action by the court.
trial court alternative writ proof of service
Section § 1089
When it's time to respond to a writ, the party who received it can reply with an objection (called a demurrer) or a detailed response (verified answer), or both. If they just use an objection, the court might let them provide more details later. This section doesn't change the rules from the Judicial Council on handling original writ cases in higher courts.
On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served may make a return by demurrer, verified answer or both. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. Nothing in this section affects rules of the Judicial Council governing original writ proceedings in reviewing courts.
alternative writ return by demurrer verified answer
Section § 1089.5
If someone files a petition in court asking for a writ of mandate, and the necessary records are included, the other party must respond within 30 days. However, if the records are requested but not included initially, the response is due 30 days after those records are received.
Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond within 30 days after service of the petition. However, where a record of the proceeding to be reviewed has been requested pursuant to Section 11523 of the Government Code, or otherwise, and has not been filed with the petition, the party upon whom the petition has been served, including any real party in interest, shall answer or otherwise respond within 30 days following receipt
of a copy of the record.
petition for writ of mandate trial court record of proceedings
Section § 1090
This section allows a court to decide if a factual question crucial to a legal motion should be tried by a jury. If the court chooses to do this, it can delay arguments until a jury trial is complete and the results are given. The court must clearly specify what question the jury is to decide and where the trial will take place. The jury may also be asked to determine any damages owed to the person who requested this action if they win.
If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had, and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case
they find for him.
jury trial return factual question
Section § 1091
In a trial, a person applying for relief can still challenge the adequacy of the other party's response and offer evidence to either directly contradict it or offer an alternative explanation.
On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.
trial applicant objection
Section § 1092
If you want to request a new trial because of something that happened during the trial, you need to do it in the same court where the original trial took place.
The motion for new trial must be made in the Court in which the issue of fact is tried.
motion for new trial court jurisdiction issue of fact
Section § 1093
If no one tries to get a new trial, or if they try and it’s denied, the court clerk has five days to send a certified copy of the verdict to the court handling the writ application. After that, either side can start the argument process, but they have to give reasonable notice to the other side first.
If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the Court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.
motion for a new trial denial of motion clerk duties
Section § 1094
This section explains what happens if a return, which is a legal reply to a court petition, is not made. If this occurs, the court can decide the case based on the applicant's paperwork. If the return only presents legal questions or unimportant issues, the court moves ahead to schedule a hearing. Additionally, if a petition for a writ of mandate has no factual disputes or if it relies solely on an administrative record, a party can request a quick judgment without a full trial through a noted motion.
If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argument of the case.
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 of any party for a judgment on the peremptory writ.
writ of mandate administrative record peremptory writ
Section § 1094.5
This law outlines the process for reviewing the validity of final administrative orders or decisions through a judicial inquiry. It states that these cases must be heard by a judge without a jury, and outlines how records from prior proceedings can be filed and who pays for them. The court examines whether the decision exceeded authority, was fair, or involved misuse of discretion. If evidence was wrongfully excluded or new evidence has emerged, the court can order a reconsideration. It can also instruct the administrative body to set aside or reconsider its decision. Furthermore, it discusses conditions under which the court can temporarily stop the enforcement of the administrative decision, often considering the public interest. Special rules apply when decisions involve private hospitals or state agencies, especially relating to discrimination claims. The statute also details how an administrative decision can be paused if an appeal is made. Additionally, it specifies procedures for how administrative records may be handled and restricts court reviews of specific disciplinary decisions regarding certain state employees.
(a)CA Civil Procedure Code § 1094.5(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting
without a jury. All or part of the record of the proceedings before the inferior tribunal, corporation, board, or officer may be filed with the petition, may be filed with respondent’s points and authorities, or may be ordered to be filed by the court. Except when otherwise prescribed by statute, the cost of preparing the record shall be borne by the petitioner. Where the petitioner has proceeded pursuant to Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and the Rules of Court implementing that section and where the transcript is necessary to a proper review of the administrative proceedings, the cost of preparing the transcript shall be borne by the respondent. Where the party seeking the writ has proceeded pursuant to Section 1088.5, the administrative record shall be filed as expeditiously as possible, and may be filed with the petition, or by the respondent after payment of the costs by the petitioner, where required, or as otherwise directed by the court. If the
expense of preparing all or any part of the record has been borne by the prevailing party, the expense shall be taxable as costs.
(b)CA Civil Procedure Code § 1094.5(b) The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.
(c)CA Civil Procedure Code § 1094.5(c) Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by the weight of the evidence. In all other cases,
abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record.
(d)CA Civil Procedure Code § 1094.5(d) Notwithstanding subdivision (c), in cases arising from private hospital boards or boards of directors of districts organized pursuant to the Local Health Care District Law (Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code) or governing bodies of municipal hospitals formed pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. However, in all cases in which the petition alleges discriminatory actions prohibited by Section 1316 of the Health and Safety Code, and the plaintiff makes a
preliminary showing of substantial evidence in support of that allegation, the court shall exercise its independent judgment on the evidence and abuse of discretion shall be established if the court determines that the findings are not supported by the weight of the evidence.
(e)CA Civil Procedure Code § 1094.5(e) Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing before respondent, it may enter judgment as provided in subdivision (f) remanding the case to be reconsidered in the light of that evidence; or, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, the court may admit the evidence at the hearing on the writ without remanding the case.
(f)CA Civil Procedure Code § 1094.5(f) The court shall enter judgment either commanding respondent to set aside the order or decision,
or denying the writ. Where the judgment commands that the order or decision be set aside, it may order the reconsideration of the case in light of the court’s opinion and judgment and may order respondent to take such further action as is specially enjoined upon it by law, but the judgment shall not limit or control in any way the discretion legally vested in the respondent.
(g)CA Civil Procedure Code § 1094.5(g) Except as provided in subdivision (h), the court in which proceedings under this section are instituted may stay the operation of the administrative order or decision pending the judgment of the court, or until the filing of a notice of appeal from the judgment or until the expiration of the time for filing the notice, whichever occurs first. However, no such stay shall be imposed or continued if the court is satisfied that it is against the public interest. The application for the stay shall be accompanied by proof of service of a copy of the application on the
respondent. Service shall be made in the manner provided by Title 4.5 (commencing with Section 405) of Part 2 or Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. If an appeal is taken from a denial of the writ, the order or decision of the agency shall not be stayed except upon the order of the court to which the appeal is taken. However, in cases where a stay is in effect at the time of filing the notice of appeal, the stay shall be continued by operation of law for a period of 20 days from the filing of the notice. If an appeal is taken from the granting of the writ, the order or decision of the agency is stayed pending the determination of the appeal unless the court to which the appeal is taken shall otherwise order. Where any final administrative order or decision is the subject of proceedings under this section, if the petition shall have been filed while the penalty imposed is in full force and effect, the determination shall not be considered to have become moot in cases where the
penalty imposed by the administrative agency has been completed or complied with during the pendency of the proceedings.
(h)Copy CA Civil Procedure Code § 1094.5(h)
(1)Copy CA Civil Procedure Code § 1094.5(h)(1) The court in which proceedings under this section are instituted may stay the operation of the administrative order or decision of any licensed hospital or any state agency made after a hearing required by statute to be conducted under the Administrative Procedure Act, as set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, conducted by the agency itself or an administrative law judge on the staff of the Office of Administrative Hearings pending the judgment of the court, or until the filing of a notice of appeal from the judgment or until the expiration of the time for filing the notice, whichever occurs first. However, the stay shall not be imposed or continued unless the court is satisfied that the public interest will not suffer and
that the licensed hospital or agency is unlikely to prevail ultimately on the merits. The application for the stay shall be accompanied by proof of service of a copy of the application on the respondent. Service shall be made in the manner provided by Title 4.5 (commencing with Section 405) of Part 2 or Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
(2)CA Civil Procedure Code § 1094.5(h)(2) The standard set forth in this subdivision for obtaining a stay shall apply to any administrative order or decision of an agency that issues licenses pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act. With respect to orders or decisions of other state agencies, the standard in this subdivision shall apply only when the agency has adopted the proposed decision of the administrative law judge in its entirety or has adopted the proposed decision but reduced the
proposed penalty pursuant to subdivision (c) of Section 11517 of the Government Code; otherwise the standard in subdivision (g) shall apply.
(3)CA Civil Procedure Code § 1094.5(h)(3) If an appeal is taken from a denial of the writ, the order or decision of the hospital or agency shall not be stayed except upon the order of the court to which the appeal is taken. However, in cases where a stay is in effect at the time of filing the notice of appeal, the stay shall be continued by operation of law for a period of 20 days from the filing of the notice. If an appeal is taken from the granting of the writ, the order or decision of the hospital or agency is stayed pending the determination of the appeal unless the court to which the appeal is taken shall otherwise order. Where any final administrative order or decision is the subject of proceedings under this section, if the petition shall have been filed while the penalty imposed is in full force and effect, the determination shall not
be considered to have become moot in cases where the penalty imposed by the administrative agency has been completed or complied with during the pendency of the proceedings.
(i)CA Civil Procedure Code § 1094.5(i) Any administrative record received for filing by the clerk of the court may be disposed of as provided in Sections 1952, 1952.2, and 1952.3.
(j)CA Civil Procedure Code § 1094.5(j) Effective January 1, 1996, this subdivision shall apply to state employees in State Bargaining Unit 5. For purposes of this section, the court is not authorized to review any disciplinary decisions reached pursuant to Section 19576.1 of the Government Code.
final administrative order validity inquiry record preparation costs
Section § 1094.6
This law section explains how and when you can challenge a decision made by a local agency in California, excluding school districts. To do this, you must file a petition within 90 days after the decision is final. If there's a chance for reconsideration, or if a written decision is given, the timeline may change based on when the reconsideration period ends or when you receive the decision by mail. If you request the complete record of the decision within 10 days of it becoming final, you get extra time to file your petition, up to 30 days after receiving the record. The law also specifies what counts as a decision, like dismissals, denied permits, or fines, and it ensures everyone is aware of their right to a judicial review within these time limits. Additionally, if other laws have a shorter timeframe to file a petition, those rules apply instead.
(a)CA Civil Procedure Code § 1094.6(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section.
(b)CA Civil Procedure Code § 1094.6(b) Any such petition shall be filed not later than the 90th day following the date on
which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a
copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed.
(c)CA Civil Procedure Code § 1094.6(c) The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in
the case.
(d)CA Civil Procedure Code § 1094.6(d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one.
(e)CA Civil Procedure Code § 1094.6(e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance.
(f)CA Civil Procedure Code § 1094.6(f) In
making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section.
As used in this subdivision, “party” means an officer or employee who has been suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied.
(g)CA Civil Procedure Code § 1094.6(g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.
judicial review local agency decisions petition for writ of mandate
Section § 1094.8
This law deals with the process of reviewing decisions on permits or other approvals related to activities protected by the First Amendment, like free speech. When someone wants to challenge a city's decision on such a permit, the city must quickly prepare records for the case. If the city or the person holding the permit initiates legal action, they need to follow a fast-tracked process. This includes timelines for filing and scheduling court hearings to ensure quick resolutions. There's even a provision to bring in extra judges if the local court is too busy to keep up. Parties involved can also agree to extend deadlines if needed.
(a)CA Civil Procedure Code § 1094.8(a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be conducted in accordance with subdivision (d).
(b)CA Civil Procedure Code § 1094.8(b) For purposes of this section, the following definitions shall apply:
(1)CA Civil Procedure Code § 1094.8(b)(1) The terms
“permit” and “entitlement” are used interchangeably.
(2)CA Civil Procedure Code § 1094.8(b)(2) The term “permit applicant” means both an applicant for a permit and a permitholder.
(3)CA Civil Procedure Code § 1094.8(b)(3) The term “public agency” means a city, county, city and county, a joint powers authority or similar public entity formed pursuant to Section 65850.4 of the Government Code, or any other public entity authorized by law to issue permits for expressive conduct protected by the First Amendment to the United States Constitution.
(c)CA Civil Procedure Code § 1094.8(c) A public agency may, if it so chooses, designate the permits or entitlements to which this section applies by adopting an ordinance or resolution which contains a specific listing or other description of the permits or entitlements issued by the public agency which are eligible for expedited judicial review pursuant to this section because the
permits regulate expressive conduct protected by the First Amendment to the United States Constitution.
(d)CA Civil Procedure Code § 1094.8(d) The procedure set forth in this subdivision, when applicable, shall supersede anything to the contrary set forth in this chapter.
(1)CA Civil Procedure Code § 1094.8(d)(1) Within five court days after receipt of written notification from a permit applicant that the permit applicant will seek judicial review of a public agency’s action on the permit, the public agency shall prepare, certify, and make available the administrative record to the permit applicant.
(2)CA Civil Procedure Code § 1094.8(d)(2) Either the public agency or the permit applicant may bring an action in accordance with the procedure set forth in this section. If the permit applicant brings the action, the action shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, as
appropriate.
(3)CA Civil Procedure Code § 1094.8(d)(3) The party bringing the action pursuant to this section shall file and serve the petition on the respondent no later than 21 calendar days following the public agency’s final decision on the permit. The title page of the petition shall contain the following language in 18-point type:
“ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.8 OF THE CODE OF CIVIL PROCEDURE.”
(4)CA Civil Procedure Code § 1094.8(4) The clerk of the court shall set a hearing for review of the petition no later than 25 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. The petitioner shall lodge the administrative record with the court no later than 10 calendar days in advance of the hearing date.
(5)CA Civil Procedure Code § 1094.8(5) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner consistent with constitutional requirements in view of the particular facts and circumstances. In no event shall the decision be rendered later than 20 calendar days after the matter is submitted or 50 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.
(e)CA Civil Procedure Code § 1094.8(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any one or more of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short
time period involved, the request shall be entitled to priority.
(f)CA Civil Procedure Code § 1094.8(f) In any action challenging the issuance, revocation, suspension, or denial of a permit or entitlement, the parties to the action shall be permitted to jointly waive the time limits provided for herein.
First Amendment protection expressive conduct public agency actions
Section § 1095
If someone wins a lawsuit (the judgment is in their favor), they can get the damages the jury or judge decides they deserve, along with covering their costs. The court will quickly issue a mandatory ruling to enforce this. If the defendant is a government official, the compensation comes from the government agency they work for, not from the official personally. However, the court must first confirm the official acted honestly in the proceeding. Public entities include state and local governments, and 'officer' covers officials and employees.
If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and a peremptory mandate must also be awarded without delay. Damages and costs may be enforced in the manner provided for money judgments generally. In all cases where the respondent is an officer of a public entity, all damages and costs, or either, which may be recovered or awarded, shall be recovered and awarded against the public entity represented by the officer, and not against the officer so appearing in the
proceeding, and are a proper claim against the public entity for which the officer appeared and shall be paid as other claims against the public entity are paid; but in all such cases, the court shall first determine that the officer appeared and made defense in the proceeding in good faith. For the purpose of this section, “public entity” includes the state, a county, city, district or other public agency or public corporation. For the purpose of this section, “officer” includes officer, agent or employee.
judgment damages recovery applicant
Section § 1096
If you need to deliver this legal document, called a writ, it should generally be handled just like a typical civil lawsuit notice. However, if the court gives a specific alternative instruction, follow that instead. Serving this document to most members of a board or group counts as serving the entire board, regardless of whether they are meeting when you deliver it.
The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any Board or body, is service upon the Board or body, whether at the time of the service the Board or body was in session or not.
writ service of process civil action
Section § 1097
If someone is given a direct court order called a 'peremptory mandate' and they refuse to follow it without a good reason, the court can fine them up to $1,000. If they keep not following the order, the court can even send them to jail until they do what the order says. The court can also take any action needed to make sure the order is followed.
If a peremptory mandate has been issued and directed to an inferior tribunal, corporation, board, or person, and it appears to the court that a member of the tribunal, corporation, or board, or the person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a
refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
peremptory mandate inferior tribunal court order
