How to Litigate a Writ of Mandate Case - League of California Cities

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Traditional Mandate - Alternative Writ v Service of Petition Alone ‣ Ex parte application for alternative writ ‣ If alternative writ issued – time to answer or otherwise respond is stated in writ ‣ If no alternative writ sought respondents and/or real parties in interest may answer or otherwise respond 30 days from service of petition
Traditional Mandate - Demurrer, Answer ‣ May demur - demurrer can reach judicially noticed matters, including legislative history ‣ May answer – affirmative allegations (disputed by replication or proof at trial)
Page 1 and 2: How to Litigate a Writ of Mandate C
Page 3 and 4: The Nature of a Writ of Mandate ‣
Page 5 and 6: Traditional Mandate Under CCP §108
Page 7 and 8: Discretionary Duty ‣ The writ can
Page 9 and 10: Review Confined to Administrative R
Page 11 and 12: Traditional Mandate: Public Interes
Page 13 and 14: Traditional Mandate: Inadequacy of
Page 15 and 16: Traditional Mandate - Procedure ‣
Page 17: Traditional Mandate Procedure ‣ I
Page 21 and 22: Trial and Judgment ‣ Trial on dis
Page 23 and 24: Traditional Mandate: Other Applicab
Page 25 and 26: Administrative Mandate - Grounds
Page 27 and 28: Fair trial Before Administrative Tr
Page 29 and 30: Absence of Findings ‣ Agency must
Page 31 and 32: Independent Judgment ‣ Required w
Page 33 and 34: Substantial Evidence and Burden of
Page 35 and 36: Administrative Mandate Procedure Pr
Page 37 and 38: Administrative Mandate: Judgment, R
Page 39: Conclusion ‣Do preventative advan

How to Litigate a Writ of Mandate Case - League of California Cities

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