CHAPTER 2. Writ of Mandate [[1084.] - [1097.]]
Chapter 2 enacted 1872.
§§ [1084.]–[1097.] · 21 sections
- § [1084.] The writ of mandamus may be denominated a writ of mandate.
- § 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…
- § 1085.5 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…
- § 1086 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…
- § 1087 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,…
- § 1088 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…
- § 1088.5 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…
- § 1089 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…
- § 1089.5 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…
- § 1090 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…
- § 1091 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…
- § 1092 The motion for new trial must be made in the Court in which the issue of fact is tried.
- § 1093 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…
- § 1094 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,…
- § 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…
- § 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,…
- § 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…
- § 1094.9 (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing…
- § 1095 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…
- § 1096 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…
- § [1097.] 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…