California Codes, Code of Civil Procedure - CCP, Part 3 — Of Special Proceedings of a Civil Nature, Title 1 — Of Writs of Review, Mandate, and Prohibition, Chapter 2 — Writ of Mandate, Section 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 or by way of avoidance.
Notes
Allows an applicant at trial to challenge the sufficiency of the return despite what the return states. The applicant may overcome or counter the return with proof either directly denying it or establishing an avoidance, so the return does not foreclose otherwise valid evidentiary objections to its sufficiency.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 1091 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-3/title-1/chapter-2/section-1091