Does a writ of mandate need to be issued?

California, United States of America


The following excerpt is from Cal. Cannabis Coal. v. City of Upland, 199 Cal.Rptr.3d 805, 245 Cal.App.4th 970 (Cal. App. 2016):

County of San Diego v. State of California (2008) 164 Cal.App.4th 580, 593, 79 Cal.Rptr.3d 489.) Rather, issuance of a writ of mandate lies within the discretion of the court. However, where one has a substantial right to protect or enforce, which may be accomplished by such a writ, and there is no other plain, speedy and adequate remedy, the petitioner is entitled as a matter of right to the writ. (Ibid. ) It would be an abuse of discretion to refuse it. (Ibid. )

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