California Code of Civil Procedure CHAPTER 2 - Writ of Mandate

• Section [1084.].
  The writ of mandamus may be denominated a writ of mandate.(Amended by Stats. 2016, Ch. 86, Sec. 39. (SB 1171) Effective January 1, 2017.)
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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;...
• Section 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...
• 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...
• Section 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...
• Section 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...
• 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...
• Section 1092.
  The motion for new trial must be made in the Court in which the issue of fact is tried.(Enacted 1872.)
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 other...
• Section 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...
• Section 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...
• Section [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...

Last modified: October 22, 2018