Writ of mandate (California)

Only a few specific orders besides final judgments are subject to appeal in California. As such, the only way for most interlocutory decisions to be reviewed before trial is through ordinary mandate. Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. However, courts have generally inferred a prudential, but not jurisdictional, 60-day deadline, by analogy with the amount of time usually allowed for appeals. Procedure A litigant begins the process by filing a petition, usually styled as a petition for writ of mandate, prohibition or other extraordinary relief, against the trial court as respondent, naming the other party as the real party in interest. Immediately upon receiving the writ petition, the court may deny the petition, stay the trial court proceedings, issue an alternative writ or an order to show cause, or notify the parties that it intends to issue a peremptory writ in the first instance. The vast majority of appellate writs are summarily denied without explanation, as, with very few exceptions, they are not a 'cause' which requires an appellate court to make a 'decision in writing with reasons stated', as required by the California Constitution. An alternative writ and order to show cause are identical in effect, but semantically slightly different; an alternative writ directs the trial court either to comply with its terms or show cause why it should not be ordered to do so, while an order to show cause only directs the trial court to show cause why the relief should not be granted. This is the most common way for writ petitions to be granted. In extraordinary cases, the court may issue a Palma notice, advising the real party in interest that the court is considering granting a peremptory writ in the first instance, i.e. granting the requested relief immediately. This is intended to give the party the opportunity to raise uncertainty in the law or facts and persuade the court to issue an alternative writ instead. Statutory writs Certain writs are prescribed by statute. Each statute which specifically allows a writ to be filed comes with a specific statute of limitations, usually 20 days or less. However, statutory writs are still discretionary, with very few exceptions. In civil cases • Grant or denial of motion to disqualify judge • Grant or denial of motion to change venue • Grant or denial of motion to expunge lis pendens • Denial of motion to quash service of process • Grant or denial of motion for summary adjudication or denial of motion for summary judgment • Grant or denial of motion for good faith settlement determination • Denial or partial grant of a special motion to strike in a malicious prosecution action predicated off a lawsuit which was dismissed through a special motion to strike In criminal cases • Grant or denial of motion to disqualify judge • Denial of motion to set aside indictment or information • Denial of motion to suppress evidence in felony case As appeals from the outcome of writ petitions in the superior court • Grant or denial of petition for writ of mandate or prohibition by the appellate division of a superior court • Grant or denial of petition for writ of mandate to compel agency to disclose public records • Denial of petition for writ of mandate to compel board to reverse revocation, suspension or restriction of a medical license Mandatory review Although writ review is almost always discretionary, there are situations where a writ proceeding is the only way for a final judgment or order to be reviewed on appeal because the decision is not appealable. In those cases, the writ is no longer discretionary and the Court of Appeal must issue a full decision on the issue. For example, a writ petition is the only way for a denial of a Public Records Act lawsuit to be appealed; as such, the petition must be considered in its whole. == Trial court ==

Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice. Administrative mandate Historically, California administrative agency decisions were reviewed by the courts through the issuance of writs of certiorari. In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. The court applied similar reasoning to the writ of prohibition the next year. Proceedings subject to review by administrative mandate usually occur before state government agencies, such as the California Unemployment Insurance Appeals Board, the State Hearings Division of the Department of Social Services and the various divisions of the Department of Industrial Relations. Constitutional agencies are subject to both certiorari and administrative mandate; in those cases, a court's review of their factual findings is "limited to a determination whether those findings are supported by substantial evidence in light of the whole record" in deference to their limited judicial powers. Proceedings before local government agencies are also reviewable through administrative mandate. In general, this type of proceeding is initiated by the timely filing of a petition for administrative mandate in a superior court (that is, a trial court). The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral argument or publishes a tentative ruling followed by hearing oral argument, and then files an order granting or denying the petition. Further appellate relief is pursued on direct appeal before the relevant Court of Appeal (rather than by another writ petition). Four state government agencies are entirely exempt from administrative mandate. Appellate review of the decisions of the Agricultural Labor Relations Board, the Public Utilities Commission, and the Workers Compensation Appeals Board of the Department of Industrial Relations is available only by petition for writ of review (California's modern term for certiorari) to the relevant California Court of Appeal. Appellate review of the decisions of the Public Employment Relations Board is available only by way of a petition for "extraordinary review" to the relevant Court of Appeal. == References ==