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


The following excerpt is from Veterans' Industries, Inc., In re, 8 Cal.App.3d 902, 88 Cal.Rptr. 303 (Cal. App. 1970):

The fact that the legal duty imposed upon the Attorney General and the [8 Cal.App.3d 926] superior court in a section 9801 proceeding is one which calls for an exercise of discretion does not constitute an insurmountable obstacle under all situations. (See, Jaffe, Cases and Materials on Administrative Law (1953), pp. 499--503.) 'While ordinarily, mandamus may not be available to compel the exercise by a court or officer of the discretion possessed by them in a particular manner, or to reach a particular result, it does lie to command the exercise of discretion * * *.' (Hollman v. Warren (1948) 32 Cal.2d 351, 355, 196 P.2d 562, 565; see also, Karst, op. cit. Supra, p. 451, fn. 68.)

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