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 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 the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served may make a return by demurrer, verified answer or both. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. Nothing in this section affects rules of the Judicial Council governing original writ proceedings in reviewing courts.
Notes
Allows a party served with an alternative writ or application notice to return by demurrer, verified answer, or both at the applicable return or noticed date, or at the time set by Judicial Council rules. Allows the court after a demurrer-only return to set time for an answer, while preserving Judicial Council rules for original writs in reviewing courts.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 1089 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-3/title-1/chapter-2/section-1089