How have courts dealt with the issue of bias in a motion for a writ of mandate?

California, United States of America


The following excerpt is from City of Santa Cruz v. Superior Court, 40 Cal.App.4th 1146, 48 Cal.Rptr.2d 216 (Cal. App. 1995):

City of Fairfield v. Superior Court (1975) 14 Cal.3d 768, 122 Cal.Rptr. 543, 537 P.2d 375, addressed a similar issue. In that case, applicants who had been denied a permit for a planned unit shopping center development sought a writ of mandate. The applicants argued that the bias of two particular council members had denied them a fair hearing. They sought to depose the two legislators as to the evidence they relied on in voting against the application, and they sought to obtain extrinsic evidence showing that the legislators had stated their opposition to the application prior to the public hearing on the application. Questions included: " 'when did you make up your mind how you were going to vote ...?' "; " 'did you discuss the matter

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