California, United States of America
The following excerpt is from Transdyn/Cresci v. City and County of San Francisco, 72 Cal.App.4th 746, 85 Cal.Rptr.2d 512 (Cal. App. 1999):
"Generally, Code of Civil Procedure section 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. [Citation.] [p] A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to the mandate of legal authority and without regard to his own judgment or opinion concerning such act's propriety or impropriety, when a given state of facts exists. Discretion, on the other hand, is the power conferred on public functionaries to act officially according to the dictates of their own judgment. [Citation.]" (Rodriguez v. Solis (1991) 1 Cal.App.4th 495, 501-502, 2 Cal.Rptr.2d 50.)
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