Can a motion of mandamus be used to compel an official to exercise his discretion?

California, United States of America


The following excerpt is from Cal. Pub. Records Research, Inc. v. Cnty. of Sacramento, C079239 (Cal. App. 2016):

"Mandamus will not lie to control an exercise of discretion, i.e., to compel an official to exercise discretion in a particular manner. Mandamus may issue, however, to compel an official both to exercise his discretion (if he is required by law to do so) and to exercise it under a proper interpretation of the applicable law. [Citations.]" (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442.) "When reviewing the exercise of discretion, '[t]he scope of review is limited, out of deference to the agency's

Page 28

Other Questions


Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
Can mandamus be used to compel the Attorney General and the Superior Court to exercise discretion in a section 9801 matter? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion is invalid? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
What is the test for discretion when it comes to exercising discretion? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
Does the Court of Appeal have any discretion or discretion to dismiss a motion of no confidence in the trial counsel? (California, United States of America)
What is the test for determining whether a person is entitled to exercise their right to exercise exercise without fear or intimidation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.