California Code of Civil Procedure

§ 1085

CCP § 1085 Effective Jan 1, 2011Title 1 · Part 3 · Ch. 2

Statute text

(a)A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person.

(b)The appellate division of the superior court may grant a writ of mandate directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of mandate directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.

Legislative history

Amended by Stats. 2010, Ch. 212, Sec. 2. (AB 2767) Effective January 1, 2011.