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The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified writ (a formal written command) to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging ...
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“Everything that should be up is up, everything that should be down is down,” said California Governor Gavin Newsom on Monday as he sought to explain his sudden decision to end the state’s ...
Subsequently, a petition for a writ of mandate was filed with the Los Angeles Superior Court [3] which was affirmed by the Appeals Court. [4] A petition for review was submitted to California Supreme Court by City of Manhattan Beach and on April 21, 2010, the California Supreme Court accepted the City of Manhattan Beach's Petition. On July 14 ...
The headwinds are fueling fresh doubts about Gov. Gavin Newsom's mandate that all new cars sold in California by 2035 be zero-emission vehicles. The first big test for the governor’s edict comes ...
One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the " real party in interest ".