NATURE OF PROCEEDINGS: HEARING ON DEMURRER — AND DEMURRER TO FIRST AMENDED PETITION FOR WRIT OF MANDATE [RESP] CSP — SAN QUENTIN [RESP] DAVIS, RON

RULING

The court overrules the demurrer by respondents CSP-San Quentin and R. Davis (“Respondents”) to the first amended petition (“amended petition”) of petitioner Noel P. Scott (“Petitioner”). Petitioner has stated facts sufficient to constitute a valid cause of action for a traditional writ of mandate pursuant to Code of Civil Procedure section 1085 alleging that Respondents breached a mandatory, ministerial duty by failing to conduct a full and complete recall of commitment review, (Code Civ. Proc. §§ 1085, 430.10(e).)

Writ of Mandate

“A traditional writ of mandate brought under Code of Civil Procedure section 1085 lies ‘to compel the performance of an act which the law specifically enjoins, as a duty resulting from an office, trust, or station,’ Under this section, mandate will lie to compel performance of a clear, present, and usually