section 1085 writ relief in California

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026(Wal-Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 299-300 , disapproved on another ground in Hernandez v. City of Hanford (2007) 41 Cal.4th 279, 297 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial right to performance of that duty. [Citation.] A ministerial duty is one that is required to be performed in a prescribed manner under the m

2026A. Applicable Legal Principles and Standards of Review Section 6611 authorizes aggrieved bidders to challenge an unsuccessful negotiation by way of a petition for writ of mandate pursuant to Code of Civil Procedure section 1085. (§ 6611, subd. (d).) “The writ of mandate, codified in Code of Civil Procedure section 1085, ‘is the traditional remedy for the failure of a public official to 12 perform a legal duty.’ ” (Alameda Health System v. Alameda County Employees’ Retirement Assn. (2024) 100 Cal.App.5th 1159 , 1176 (Alameda Health System).) To obtain writ relief under Code of Civil Procedure s

2026A. Applicable Legal Principles and Standards of Review Section 6611 authorizes aggrieved bidders to challenge an unsuccessful negotiation by way of a petition for writ of mandate pursuant to Code of Civil Procedure section 1085. (§ 6611, subd. (d).) “The writ of mandate, codified in Code of Civil Procedure section 1085, ‘is the traditional remedy for the failure of a public official to 12 perform a legal duty.’ ” (Alameda Health System v. Alameda County Employees’ Retirement Assn. (2024) 100 Cal.App.5th 1159 , 1176 (Alameda Health System).) To obtain writ relief under Code of Civil Procedure s

2026A. Applicable Legal Principles and Standards of Review Section 6611 authorizes aggrieved bidders to challenge an unsuccessful negotiation by way of a petition for writ of mandate pursuant to Code of Civil Procedure section 1085. (§ 6611, subd. (d).) “The writ of mandate, codified in Code of Civil Procedure section 1085, ‘is the traditional remedy for the failure of a public official to 12 perform a legal duty.’ ” (Alameda Health System v. Alameda County Employees’ Retirement Assn. (2024) 100 Cal.App.5th 1159 , 1176 (Alameda Health System).) To obtain writ relief under Code of Civil Procedure s

2026A. Applicable Legal Principles and Standards of Review Section 6611 authorizes aggrieved bidders to challenge an unsuccessful negotiation by way of a petition for writ of mandate pursuant to Code of Civil Procedure section 1085. (§ 6611, subd. (d).) “The writ of mandate, codified in Code of Civil Procedure section 1085, ‘is the traditional remedy for the failure of a public official to 12 perform a legal duty.’ ” (Alameda Health System v. Alameda County Employees’ Retirement Assn. (2024) 100 Cal.App.5th 1159 , 1176 (Alameda Health System).) To obtain writ relief under Code of Civil Procedure s

2026A. Applicable Legal Principles and Standards of Review Section 6611 authorizes aggrieved bidders to challenge an unsuccessful negotiation by way of a petition for writ of mandate pursuant to Code of Civil Procedure section 1085. (§ 6611, subd. (d).) “The writ of mandate, codified in Code of Civil Procedure section 1085, ‘is the traditional remedy for the failure of a public official to 12 perform a legal duty.’ ” (Alameda Health System v. Alameda County Employees’ Retirement Assn. (2024) 100 Cal.App.5th 1159 , 1176 (Alameda Health System).) To obtain writ relief under Code of Civil Procedure s

2026A. Applicable Legal Principles and Standards of Review Section 6611 authorizes aggrieved bidders to challenge an unsuccessful negotiation by way of a petition for writ of mandate pursuant to Code of Civil Procedure section 1085. (§ 6611, subd. (d).) “The writ of mandate, codified in Code of Civil Procedure section 1085, ‘is the traditional remedy for the failure of a public official to 12 perform a legal duty.’ ” (Alameda Health System v. Alameda County Employees’ Retirement Assn. (2024) 100 Cal.App.5th 1159 , 1176 (Alameda Health System).) To obtain writ relief under Code of Civil Procedure s

2019(See Ricasa v. Office of Administrative Hearings (2018) 31 Cal.App.5th 262 , 280, 242 Cal.Rptr.3d 419 .) "A declaratory relief action requires an actual controversy relating to the legal rights and duties of the respective parties" ( Alliance for California Business v. State Air Resources Bd. (2018) 23 Cal.App.5th 1050 , 1068, 234 Cal.Rptr.3d 22 ), not merely " ' "an abstract or academic dispute." ' " ( County of San Diego , supra , 164 Cal.App.4th at p. 606 , 79 Cal.Rptr.3d 489 .) " 'The "actual controversy" language in ... section 1060 encompasses a probable future controversy relating to th

2019(See Ricasa v. Office of Administrative Hearings (2018) 31 Cal.App.5th 262 , 280, 242 Cal.Rptr.3d 419 .) "A declaratory relief action requires an actual controversy relating to the legal rights and duties of the respective parties" ( Alliance for California Business v. State Air Resources Bd. (2018) 23 Cal.App.5th 1050 , 1068, 234 Cal.Rptr.3d 22 ), not merely " ' "an abstract or academic dispute." ' " ( County of San Diego , supra , 164 Cal.App.4th at p. 606 , 79 Cal.Rptr.3d 489 .) " 'The "actual controversy" language in ... section 1060 encompasses a probable future controversy relating to th

2019(See Ricasa v. Office of Administrative Hearings (2018) 31 Cal.App.5th 262 , 280, 242 Cal.Rptr.3d 419 .) "A declaratory relief action requires an actual controversy relating to the legal rights and duties of the respective parties" ( Alliance for California Business v. State Air Resources Bd. (2018) 23 Cal.App.5th 1050 , 1068, 234 Cal.Rptr.3d 22 ), not merely " ' "an abstract or academic dispute." ' " ( County of San Diego , supra , 164 Cal.App.4th at p. 606 , 79 Cal.Rptr.3d 489 .) " 'The "actual controversy" language in ... section 1060 encompasses a probable future controversy relating to th

2019(See Ricasa v. Office of Administrative Hearings (2018) 31 Cal.App.5th 262 , 280, 242 Cal.Rptr.3d 419 .) "A declaratory relief action requires an actual controversy relating to the legal rights and duties of the respective parties" ( Alliance for California Business v. State Air Resources Bd. (2018) 23 Cal.App.5th 1050 , 1068, 234 Cal.Rptr.3d 22 ), not merely " ' "an abstract or academic dispute." ' " ( County of San Diego , supra , 164 Cal.App.4th at p. 606 , 79 Cal.Rptr.3d 489 .) " 'The "actual controversy" language in ... section 1060 encompasses a probable future controversy relating to th

2019"To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present[,] and beneficial right to performance of that duty." ( County of San Diego v. State of California (2008) 164 Cal.App.4th 580 , 606, 79 Cal.Rptr.3d 489 ( County of San Diego ).) If the evidence, including facts arising after the writ petition is filed, "demonstrates the [respondent's] 'willingness to perform without coercion,

2019"To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present[,] and beneficial right to performance of that duty." ( County of San Diego v. State of California (2008) 164 Cal.App.4th 580 , 606, 79 Cal.Rptr.3d 489 ( County of San Diego ).) If the evidence, including facts arising after the writ petition is filed, "demonstrates the [respondent's] 'willingness to perform without coercion,

2026Ordinarily, mandamus does not lie to compel the doing of an act in a particular manner where an agency has discretion to decide on the manner of its performance.” ( Taylor, supra, at p. 505 ; Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442 [“[m]andamus will not lie to control an exercise of discretion”].) Rather, “[m]andamus will lie to correct an abuse of discretion only where a petitioner clearly establishes his right to have discretion exercised in a particular manner.” ( Taylor, supra, at p. 505 , italics omitted; Mannheim v. Superior Court (1970) 3 Cal.3d 678, 685 .) The tr

2026Ordinarily, mandamus does not lie to compel the doing of an act in a particular manner where an agency has discretion to decide on the manner of its performance.” ( Taylor, supra, at p. 505 ; Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442 [“[m]andamus will not lie to control an exercise of discretion”].) Rather, “[m]andamus will lie to correct an abuse of discretion only where a petitioner clearly establishes his right to have discretion exercised in a particular manner.” ( Taylor, supra, at p. 505 , italics omitted; Mannheim v. Superior Court (1970) 3 Cal.3d 678, 685 .) The tr

2026(Taylor, supra, 101 Cal.App.3d at p. 505 .) Section 1085 provides for writ relief “ ‘to compel the performance of an act which the law specifically enjoins.’ . . .

2026Ordinarily, mandamus does not lie to compel the doing of an act in a particular manner where an agency has discretion to decide on the manner of its performance.” ( Taylor, supra, at p. 505 ; Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442 [“[m]andamus will not lie to control an exercise of discretion”].) Rather, “[m]andamus will lie to correct an abuse of discretion only where a petitioner clearly establishes his right to have discretion exercised in a particular manner.” ( Taylor, supra, at p. 505 , italics omitted; Mannheim v. Superior Court (1970) 3 Cal.3d 678, 685 .) The tr

2023To obtain writ relief under Code of Civil Procedure section 1085, “a party must establish ‘ “(1) A clear, present[,] and usually ministerial duty on the part of the [agency] . . . ; and (2) a clear, present[,] and beneficial right in the petitioner to the performance of that duty.” ’ ” (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 868 .) A duty is ministerial if the agency “ ‘ “ ‘is required to perform in a prescribed manner in obedience to the mandate of legal authority,’ ” ’ without regard to [its] own judgment or opinion concerning the propriety of such act.” (Ellena v. Departm

2023To obtain writ relief under Code of Civil Procedure section 1085, “a party must establish ‘ “(1) A clear, present[,] and usually ministerial duty on the part of the [agency] . . . ; and (2) a clear, present[,] and beneficial right in the petitioner to the performance of that duty.” ’ ” (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 868 .) A duty is ministerial if the agency “ ‘ “ ‘is required to perform in a prescribed manner in obedience to the mandate of legal authority,’ ” ’ without regard to [its] own judgment or opinion concerning the propriety of such act.” (Ellena v. Departm

2019(See Ricasa v. Office of Administrative Hearings (2018) 31 Cal.App.5th 262 , 280, 242 Cal.Rptr.3d 419 .) "A declaratory relief action requires an actual controversy relating to the legal rights and duties of the respective parties" ( Alliance for California Business v. State Air Resources Bd. (2018) 23 Cal.App.5th 1050 , 1068, 234 Cal.Rptr.3d 22 ), not merely " ' "an abstract or academic dispute." ' " ( County of San Diego , supra , 164 Cal.App.4th at p. 606 , 79 Cal.Rptr.3d 489 .) " 'The "actual controversy" language in ... section 1060 encompasses a probable future controversy relating to th

2019(See Ricasa v. Office of Administrative Hearings (2018) 31 Cal.App.5th 262 , 280, 242 Cal.Rptr.3d 419 .) "A declaratory relief action requires an actual controversy relating to the legal rights and duties of the respective parties" ( Alliance for California Business v. State Air Resources Bd. (2018) 23 Cal.App.5th 1050 , 1068, 234 Cal.Rptr.3d 22 ), not merely " ' "an abstract or academic dispute." ' " ( County of San Diego , supra , 164 Cal.App.4th at p. 606 , 79 Cal.Rptr.3d 489 .) " 'The "actual controversy" language in ... section 1060 encompasses a probable future controversy relating to th

2016Proc., § 1085, subd. (a); Gomez v. Superior Court (2012) 54 Cal.4th 293, 300-301 .) “‘To obtain writ relief under Code of Civil Procedure section 1085, the petitioner must show there is no other plain, speedy, and adequate remedy; the respondent has a clear, present, and ministerial duty to act in a particular way; and the petitioner has a clear, present and beneficial 16 right to performance of that duty.’” (Zubarau v. City of Palmdale (2011) 192 Cal.App.4th 289 , 305.) “‘“A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to the manda

2016Discretion, on the other hand, is the power conferred on public functionaries to act officially according to the dictates of their own judgment.”’” (US Ecology, Inc. v. State of California (2001) 92 Cal.App.4th 113, 138 .) In the Association’s petition, it seeks a writ ordering the Department “not to change its policy and practice of allowing [Association] members to acquire and maintain secondary employment, absent agreement to do so as part of the collective bargaining process.” The Association’s request reflects options.

2014(Center for Biological Diversity, supra, 166 Cal.App.4th at pp. 1366–1367.) The court noted that it made no attempt to define the scope of public trust duties subject to individual enforcement, and had “no occasion [t]here to address the responsibilities that sundry agencies bear in this regard, whether such obligations be imposed by statute or by common law.”29 (Id. at p. 1369.) What Center for Biological Diversity clearly did not do is relax in any manner the substantive requirements to obtain writ relief under Code of Civil Procedure section 1085.

2013Under that approach, ―when a statute dictates that the predicate offense have enumerated elements, [the] court must ‗look only to the predicate offense rather than to the defendant‘s underlying acts to determine whether the required elements are present.‘ [Citation.]‖ (U.S. v. Howell (8th Cir. 2008) 531 F.3d 621, 622 .) In other words, ―courts determine the elements to which a defendant pleaded guilty by analyzing the statutory definition of the offense, not the defendant‘s underlying conduct. [Citations.]‖ (U.S. v. Bonilla-Mungia (5th Cir. 2005) 422 F.3d 316, 320 .)4 Penal Code section 242 de