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

More documents

Recommendations

Info

Jurisdiction ‣ Examples - ‣ Licensee withdrew before final determination ‣ Statute of limitations ran proceeding/appeal initiated before agency
Fair trial Before Administrative Tribunal ‣ Examples: • Inadequate notice • Lack of impartiality of decision maker (e.g. pecuniary bias, improper combination of prosecutorial and advisory functions, prejudgment of issues) • Reasonableness of opportunity to be heard
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 and 18: Traditional Mandate Procedure ‣ I
Page 19 and 20: Traditional Mandate - Demurrer, Ans
Page 21 and 22: Trial and Judgment ‣ Trial on dis
Page 23 and 24: Traditional Mandate: Other Applicab
Page 25: Administrative Mandate - Grounds
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

Create successful ePaper yourself

Delete template?

Save as template?