Title 1: OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] | Chapter 2: Writ of Mandate [[1084.] - [1097.]]
California Code of Civil Procedure – 2026
§ 1084
The writ of mandamus may be denominated a writ of mandate.
§ 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 which th…
§ 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 Agricu…
§ 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.
§ 1087
The writ may be either alternative or peremptory.
§ 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; but if t…
§ 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 a writ at the ti…
§ 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 rel…
§ 1089.5
Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.
§ 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 substantial rights…
§ 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 dire…
§ 1092
The motion for new trial must be made in the Court in which the issue of fact is tried.
§ 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 rendition of the verdict or de…
§ 1094
If no return be made, the case may be heard on the papers of the applicant.
§ 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 a proc…
§ 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 Governm…
§ 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 p…
§ 1094.9
(a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing d…
§ 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 may be de…
§ 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 Court.
§ 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 member…