Topic: (1) a clear, present and usually ministerial duty upon the … · Go Syfert
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Topic #23151

5 canonical passages across 4 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Armando D. v. State Department of Health Services.

#Case FlagCanonical passage Citers
1 Armando D. v. State Department of Health Services Anchor
calctapp · 2004
green “(1) a clear, present and usually ministerial duty upon the part of the respondent ; and (2) a clear, present and beneficial right in the petitioner to the performance of that duty .” 4
2 Armando D. v. State Department of Health Services
calctapp · 2004
green “clear, present and usually ministerial duty upon the part of the respondent” 4
3 Shuts v. Covenant Holdco LLC
calctapp · 2012
green “discretion to abstain from providing equitable relief, such as restitution and injunctions, in cases requiring them to assume or interfere with an administrative agency's function or to take on an unnecessary burden in monitoring or enforcing injunctive relief, where other, more…” 4
4 Marquez v. State Department of Health Care Services
calctapp · 2015
green “sets forth only a 'general statement of policy.' it does not set forth any specific duty or course of conduct an agency must take, but leaves to the agency's discretion how to pursue the policy goal.” 3
5 Acosta v. Brown
calctapp · 2013
green “not asking the court to replicate the administrative responsibilities imposed by law on cms to determine the reasons for the backlog, but rather simply to order dhcs to comply with its ministerial duty.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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