What is a Petition for Writ of Mandate?

Useful Rulings on Petition for Writ of Mandate

Recent Rulings on Petition for Writ of Mandate

HADAR VS. LURIA

The court construed the appeal as a petition for writ of mandate. It issued the writ, holding that the partition statutes do not allow a court to order the manner of a property’s partition, such as sale of the property, before it determines the ownership interests in the property. Similarly, Defendants argue the ownership interests here have not been determined.

  • Hearing

    Sep 28, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

PISMO BEACH SELF-STORAGE, L.P. V. CITY OF PISMO BEACH, ET AL.

The Court will grant the petition for a writ of mandate. Request for Judicial Notice. The parties’ requests for judicial notice are granted. (Evid. Code, § 452 (c), (h).)

  • Hearing

    Sep 26, 2020

STATE COMPENSATION INSURANCE FUND VS. RICARDO LARA IN HIS CAPACITY AS INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA

This is a proceeding for writ of mandate, not a civil action. The FAP seeks to set aside agency actions, which are reviewable by a writ of mandate: 1) the Settlement Agreement, and 2) the A-Brite Decision. Extra-record evidence (that would be obtained via discovery) is generally not available in proceedings for writ of mandate. {Western States Petroleum Assn v.

  • Hearing

    Sep 25, 2020

STATE COMPENSATION INSURANCE FUND VS. RICARDO LARA IN HIS CAPACITY AS INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA

This is a proceeding for writ of mandate, not a civil action. The FAP seeks to set aside agency actions, which are reviewable by a writ of mandate: 1) the Settlement Agreement, and 2) the A-Brite Decision. Extra-record evidence (that would be obtained via discovery) is generally not available in proceedings for writ of mandate.

  • Hearing

    Sep 25, 2020

STEVE LOUIS ELMORE VS STEVE GORDON, AS DIRECTOR, CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

GORDON (Department of Motor Vehicles) Case Number: 19STCP03929 Hearing Date: September 25, 2020 [TENTATIVE] ORDER DENYING PETITION FOR WRIT OF MANDATE

  • Hearing

    Sep 25, 2020

  • Type

    Administrative

  • Sub Type

    Writ

HERMOSA FITNESS, LLC VS CITY OF HERMOSA BEACH, ET AL.

Conclusion The petition for writ of mandate is GRANTED. The court will issue a writ directing City to set aside Resolution No. 18-7141. Should City conduct any further abatement proceedings against Petitioner related to the allegations at issue in Resolution No. 18-7141, City shall conduct the hearing before impartial decisionmakers, and in accordance with this ruling.

  • Hearing

    Sep 24, 2020

  • Type

    Administrative

  • Sub Type

    Writ

DISTRICT SQUARE, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS CITY OF LOS ANGELES, A MUNICIPAL ENTITY

City of Los Angeles, 20STCP00654 Tentative decision on: (1) motion to strike: granted; (2) petition for writ of mandate: granted Petitioner District Square, LLC (“District Square”) seeks a writ of mandate directing Respondent City of Los Angeles (“City”) to set aside its decision denying Petitioner’s proposal to construct a housing development project (“Project”). Petitioner separately moves to strike the Letter of Determination (“LOD”) from the Administrative Record found at AR 628-38.

  • Hearing

    Sep 24, 2020

  • Type

    Administrative

  • Sub Type

    Writ

WORTHINGTON CONSTRUCTION INC VS STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS

TENTATIVE RULING: Petitioner's Motion for Writ of Mandate Under Code of Civil Procedure 1094.5, Prohibition or Other Appropriate Relief is GRANTED. Petitioner challenges the decision of the Division of Labor Standards Enforcement ("DLSE") and the confirmation of that decision by the STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS' ("DIR") to classify Pedro Refugio as a Landscape Operating Engineer, which resulted in a Civil Wage and Penalty Assessment ("Assessment"), under CCP section 1094.5.

  • Hearing

    Sep 24, 2020

  • Type

    Administrative

  • Sub Type

    Writ

FULTON VS THE STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

THEREFORE, the petition for writ of mandate is DENIED. Respondent is to give notice within two court days of this ruling.

  • Hearing

    Sep 24, 2020

  • Type

    Administrative

  • Sub Type

    Writ

F.M.G., INC. DBA HADLEY TOW VS CITY OF BALDWIN PARK

A writ of mandate under CCP section 1085 will lie when the respondent has a ministerial, non-discretionary duty to perform and the petitioner has a clear and beneficial right to performance. Pomona Police Officers’ Assn. v City of Pomona, (1997) 58 Cal.App.4th 578, 583-84; Hudson v. County of Los Angeles, (2014) 232 Cal.App.4th 392, 408.

  • Hearing

    Sep 24, 2020

  • Type

    Administrative

  • Sub Type

    Writ

MARC BUENTIEMPO V. STATE OF CALIFORNIA, ET AL.

On August 22, 2018, Plaintiff Marc Buentiempo filed a petition for writ of mandate against Defendants California Department of Corrections and Rehabilitation and Josephine Gastelo.

  • Hearing

    Sep 24, 2020

MICHAEL P CASEY VS. SEAN PATRICK

If a petition for writ of mandate is filed that does not result in a stay of proceedings, the deadline for payment shall be extended to 60 days following service of the notice of this order. (Ibid.) If a petition for writ of mandate is filed that results in a stay and the petition is denied or dismissed, the deadline shall be extended to 30 days following the finality of the order to transfer. (Ibid.)

  • Hearing

    Sep 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

ROBBIE D WHITE VS. OGDEN, N #116

If a petition for writ of mandate is filed that does not result in a stay of proceedings, the deadline for payment shall be extended to 60 days following service of the notice of this order. (Ibid.) If a petition for writ of mandate is filed that results in a stay and the petition is denied or dismissed, the deadline shall be extended to 30 days following the finality of the order to transfer. (Ibid.)

  • Hearing

    Sep 23, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

LAW OFFICE OF CARLOS R. PEREZ, A PROFESSIONAL LAW CORPORATION VS WHITTIER UNION HIGH SCHOOL DISTRICT

WHITTIER UNION HIGH SCHOOL DISTRICT Case No. 19STCP04238 Hearing Date: September 23, 2020 [TENATIVE] ORDER DENYING PETITION FOR WRIT OF MANDATE Petitioner, Law Offices of Carlos R. Perez, brings its Verified Petition for Writ of Mandate Directing Compliance with the California Voting Rights Act and Award Attorney’s Fees and Costs (the Petition) against Respondent, Whittier Union High School District.

  • Hearing

    Sep 23, 2020

CHILDHELP INC VS CITY OF LOS ANGELES

[TENTATIVE] ORDER RE: DEFENDANT CITY OF LOS ANGELES’ DEMURRER TO PLAINTIFF CHILDHELP’S VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF Background Plaintiff Childhelp, Inc. (“Childhelp”) filed this action on July 2, 2018 against, inter alia, Defendant City of Los Angeles (the “City”). The operative Fourth Amended Complaint (“4AC”) was filed on July 13, 2020, and asserts causes of action for (1) declaratory relief, (2) declaratory relief, and (3) writ of mandate.

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CHRISTIE WARD VS. CALIFORNIA PRISON INDUSTRY AUTHORITY

Nature of Proceedings: PETITION FOR WRIT OF MANDATE The following shall constitute the Court’s tentative ruling on the petition for writ of mandate which is scheduled to be heard by the Court on Tuesday, September 22, 2020 at 1:30 p.m. in Department 21.

  • Hearing

    Sep 22, 2020

LOREN ROBINSON VS CITY OF INGLEWOOD

Instead, the court orally modified its tentative ruling and granted the petition for writ of mandate. The court directed the parties to submit supplemental briefs as to the issue of attorney fees and penalty, to be addressed at the OSC re: judgment hearing.

  • Hearing

    Sep 22, 2020

  • Type

    Administrative

  • Sub Type

    Writ

TRASK PROPERTIES III, LLC VS CITY OF LOS ANGELES

City of Los Angeles, Judge Mary Strobel Hearing: September 17, 2020 19STCP00644 Tentative Decision on Petition for Writ of Mandate: DENIED Petitioner Trask Properties III, LLC (“Petitioner”) petitions for a writ of administrative mandate directing Respondent City of Los Angeles (“Respondent”) to set aside a decision of the West Los Angeles Area Planning Commission (“APC”) that reversed a decision of the Zoning Administrator (“ZA”) to grant Petitioner’s applications for a conditional use permit (“CUP”) and

  • Hearing

    Sep 22, 2020

DAVIDSON VS. ORANGE COUNTY PROBATION DEPARTMENT

(1) Demurrer (2) Status Conference Tentative Ruling: Respondent Orange County Probation Department’s Demurrer to the Verified Petition for Writ of Mandate is SUSTAINED WITHOUT LEAVE TO AMEND. Code of Civil Procedure section 1089 expressly permits a party to respond to a writ for mandate by demurrer, verified answer, or both.

  • Hearing

    Sep 22, 2020

EYAL RAZIEL VS EXTENDED VISION, LLC A CALFORNIA LIMITED LIABILITY COMPANY, ET AL.

Had Krol known that Respondents intended to demand arbitration, he would immediately filed a petition for writ of mandate after sending the first inspection demand. Id. Respondents have to date failed to produce all of the books and records of the Company that Raziel has requested. Raziel Decl., ¶8. D.

  • Hearing

    Sep 22, 2020

JEFFREY A. COHEN VS DEPARTMENT OF BUILDING AND SAFETY OF THE CITY OF LOS ANGELES, ET AL.

Bertoni, and John Whipple (collectively, the “City”) demur to the Petition for writ of mandate filed by Petitioner Jeffrey A. Cohen (“Cohen”). The court has read and considered the moving papers, opposition,[1] and reply, and renders the following tentative decision. A. Statement of the Case Petitioner Cohen commenced this proceeding on January 22, 2020, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows.

  • Hearing

    Sep 22, 2020

  • Type

    Administrative

  • Sub Type

    Writ

BRINA WASHINGTON, ET AL. VS VANETTA N MOSBY, ET AL.

Petitioner seeks a writ of mandate pursuant to California Code of Civil Procedure section 1094.5. California Code of Civil Procedure (“CCP”) is the administrative mandamus provision providing the procedure for judicial review of adjudicatory decisions rendered by administrative agencies. (Topanga Ass’n for a Scenic Community v. County of Los Angeles, (1974) 11 Cal. 3d 506, 514-15.)

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MR. BUILD HOME IMPROVEMENT COMPANY VS CONTRACTORS STATE LICENSE BOARD

Contractors State License Board, 19STCP04819 Tentative decision on petition for writ of mandate: denied Petitioner Mr. Build Home Improvement Company dba Mr. Build Solar Electric (“Mr. Build”) petitions the court for a writ of mandate compelling Respondent Contractors State License Board (“Board” or “CSLB”) to set aside its decision finding that Mr. Build violated Business & Professions Code section 7107 and imposing a civil penalty of $1,500.

  • Hearing

    Sep 22, 2020

  • Type

    Administrative

  • Sub Type

    Writ

BLAKE VS FAULCONER

s motion for judgment on the pleadings (via joinder) is GRANTED as to the Third Cause of Action for Peremptory Writ of Mandate and DENIED as to the First Cause of Action for Injunctive Relief and Second Cause of Action for Declaratory Relief. Peremptory Writ of Mandate Respondents' motion is GRANTED. Respondents argue both that mandamus does not lie to enforce a contractual obligation and that Petitioners fail to identify the requisite mandatory ministerial duty.

  • Hearing

    Sep 21, 2020

  • Type

    Administrative

  • Sub Type

    Writ

BLAKE VS FAULCONER

Petitioners/Plaintiffs' seek leave to file their proposed Verified Second Amended Petition for Peremptory Writ of Mandate and Complaint for Injunctive and Declaratory Relief and Restitution adding a Fourth Cause of Action for Violation of Civil Code § 1947.12 (Tenant Protection Act of 2019) and a Fifth Cause of Action for Unfair Business Practices.

  • Hearing

    Sep 21, 2020

  • Type

    Administrative

  • Sub Type

    Writ

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