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Research Guide - Writs of Administrative Mandamus  

Last Updated: Aug 11, 2017 URL: http://calcountylawlib.libguides.com/content.php?pid=711437 Print Guide RSS UpdatesEmail Alerts
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About this guide

This guide is for information purposes only and cannot provide legal advice or assistance with individual legal matters. The information provided is a starting point for research. For legal advice, please consult an attorney.

      

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    ACLL Contact Info

    Alameda County Law Library

    • Phone - Reference Desk (Oakland) 510-208-4832

    • Email - lawlibrarians@acgov.org


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    Frequently asked questions

    Q: What is administrative mandamus?

    A: Administrative mandamus is the procedure for obtaining review of a decision by a government agency. It is governed by California Code of Civil Procedure § 1094.5. Unlike traditional or ordinary mandamus, a petition for a writ of administrative mandamus is filed with the Superior Court.

    Certain requirements must be met for an agency's decision to be subject to administrative mandamus. The agency decision or order must be the result of a proceeding in which:

    • a hearing is required by law
    • evidence is required to be taken
    • the agency has discretion to determine the facts
    • the decision or order is final

    Q: Can administrative mandamus be used to challenge a decision made by a private organization?

    A: Courts have permitted administrative mandamus actions against private entities such as trade unions, private hospital boards, and private colleges. The decisions of these private entities must meet the same requirements set forth above.

    Q: Are all agency decisions reviewable by administrative mandamus?

    A: No. In some instances, a statute sets forth a different, exclusive method of obtaining judicial review of an agency decision. Some of these exceptions include: the Public Utilities Commission, the State Bar of California, the Workers’ Compensation Appeals Board, the Agricultural Relations Board, the Public Employee Relations Board, the Energy Resources Conservation and Development Commission, and the Department of Alcoholic Beverage Control and Alcoholic Beverage Review Board.

    Q: How long do I have to file my petition?

    A: The deadline for filing varies, but may be very short. Statutes of limitations periods differ based on the statutes governing the particular agency being challenged. For applicable statutes of limitations see California Administrative Mandamus (CEB), Chapter 9.

    Sources:

    California Civ. Proc. Code § 1094.5

    California Administrative Mandamus (CEB)

     

    ACLL resources

    Cover Art
    California Admistrative Mandamus (CEB) - Mitchell E. Abbott; Norma Piatt; Continuing Education of the Bar
    Call Number: KFC 782 D4 2003
      Available at ACLL in print and from ACLL's public computers or your laptop inside the library using OnLAW.

    Cover Art
    California Forms of Pleading and Practice (Matthew Bender)
    Call Number: KFC 1010 A65 C3
      Volume 41A, Chapters 474A, 474B, & 474C. Also, consult index for administrative mandamus as it applies to specific agencies.

      Available at ACLL in print and from ACLL's public computers using Lexis Advance.

    Cover Art
    California Points and Authorities (Matthew Bender)
    Call Number: KFC 1010 B46
      Volume 19, Chapter 195. Also, consult index for administrative mandamus as it applies to specific agencies.

      Available at ACLL in print and from ACLL's public computers using Lexis Advance.

    Cover Art
    California Civil Writ Practice (CEB) - Michael J. Sorgen; Sharon Baumgold; Marci J. Fox (Editor); Mary Gerber (Editor)
    Call Number: KFC 1075 C34 2008
      Chapter 3: Administrative Mandamus

      Available at ACLL in print and from ACLL's public computers or your laptop inside the library using OnLAW.

    Cover Art
    California Practice Guide: Civil Appeals and Writs (Rutter Group)
    Call Number: KFC 1075 E48 1989
      Available at ACLL in print and from ACLL's public computers using Westlaw.


    Online resources

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