California, United States of America
The following excerpt is from Ellena v. Dep't of Ins., 178 Cal.Rptr.3d 435, 230 Cal.App.4th 198 (Cal. App. 2014):
A court may issue a writ of mandate to compel a public agency or officer to perform a mandatory duty. (Code Civ. Proc., 1085 ; City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 868 [62 Cal.Rptr.3d 614, 161 P.3d 1168] .) [T]he writ will not lie to control discretion conferred upon a public officer or agency. [Citations.] Two basic requirements are essential to the issuance of the writ: (1) A clear, present and usually ministerial duty upon the part of the respondent [citations]; and (2) a clear, present and beneficial right in the petitioner to the performance of that duty [citation]. [Citation.] (People ex rel. Younger v. County of El Dorado (1971) 5 Cal.3d 480, 491 [96 Cal.Rptr. 553, 487 P.2d 1193] .)
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