Sections
21 entriesSection 1084Allows the writ of mandamus to be denominated, meaning named, a writ of mandate. The provision supplies that alternative designation for the…Section 1085Allows a court to issue mandate compelling an inferior tribunal, corporation, board, or person to perform a legally required duty or admit…Section 1085.5Requires challenges seeking to attack, review, set aside, void, or annul specified activity of the Director of Food and Agriculture to use…Section 1086Requires issuance of the writ when there is no plain, speedy, and adequate remedy in the ordinary course of law, upon a…Section 1087Defines writs of mandate as either alternative or peremptory. Requires an alternative writ to command immediate or specified-time performance or a showing…Section 1088Requires an alternative writ first when a mandate application is made without adverse-party notice; with due notice, allows a peremptory writ initially.…Section 1088.5Allows a trial-court writ applicant who does not seek an alternative writ to file without simultaneously providing proof that a petition copy…Section 1089Allows a party served with an alternative writ or application notice to return by demurrer, verified answer, or both at the applicable…Section 1089.5Requires a respondent to answer or otherwise respond to a trial-court mandate petition within 30 days after service when the review record…Section 1090Allows the court, when a return raises an essential factual issue affecting substantial rights and the writ application, to order that question…Section 1091Allows an applicant at trial to challenge the sufficiency of the return despite what the return states. The applicant may overcome or…Section 1092Requires any motion for a new trial concerning a factual issue tried in a writ proceeding to be made in the court…Section 1093Requires the clerk, when no new-trial motion notice is given or a noticed motion is denied, to transmit a certified verdict and…Section 1094Allows a writ matter with no return to be heard on the applicant’s papers and requires hearing or setting argument when a…Section 1094.5Establishes nonjury review of final administrative orders for jurisdictional error, unfair trial, or prejudicial abuse of discretion, using independent judgment or substantial…Section 1094.6Limits judicial review of specified local-agency decisions to petitions filed within 90 days after the decision becomes final. The agency must generally…Section 1094.8Requires expedited First Amendment permit review: agency record is due within five court days after notice, the petition within 21 calendar days…Section 1094.9Requires expedited review of housing-development permit denials, with preference over other civil actions. Parties must meet to certify the record within 15…Section 1095Allows a successful mandate applicant to recover proven damages and costs and requires a peremptory mandate without delay, with damages and costs…Section 1096Requires a writ to be served in the same manner as a summons in a civil action unless the court expressly orders…Section 1097Allows a court, on motion, to fine up to $1,000 a personally served person or member of a tribunal, corporation, or board…