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

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Traditional Mandate vs. Administrative Mandate Legislative, quasi-legislative administrative legal duties Adjudicatory or quasi-judicial action, hearing & evidence required by law
Traditional Mandate Under CCP §1085 – Three Elements 1. Respondent’s duty – Under CCP § 1085, mandate lies to “compel performance of an act which the law especially enjoins” (duty imposed by ordinance included) 2. Under CCP § 1086, the petitioner must be “beneficially interested,” and 3. There must be no other adequate remedy
Page 1 and 2: How to Litigate a Writ of Mandate C
Page 3: The Nature of a Writ of Mandate ‣
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 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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