What is the statute of limitations for a writ of mandamus?

California, United States of America


The following excerpt is from Chung Kao v. Cal. Dep't of Corr. & Rehab., 198 Cal.Rptr.3d 862, 244 Cal.App.4th 1326 (Cal. App. 2016):

petition is for traditional mandamus under section 1085. (See 1085, subd. (a) ["A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station"]; Gong v. City of Fremont (1967) 250 Cal.App.2d 568, 571, 58 Cal.Rptr. 664 [a writ of mandate compelling a ministerial act which the law specifically enjoins is commonly called " traditional mandamus' "].)

" The statute of limitations applicable to a writ of mandamus under [section] 1085 depends upon the nature of the obligation sought to be enforced. [Citation.] [Citation.] It is often difficult to decide which statute of limitations governs an action for writ of mandate. The code provisions authorizing this action are silent as to the time within which it must be filed. [Citation.] Accordingly, the courts have developed the rule that the question is to be resolved not by the remedy prayed for but by the nature of the underlying right or obligation that the action seeks to enforce. " (Branciforte Heights, LLC v. City Of Santa Cruz (2006) 138 Cal.App.4th 914, 926, 42 Cal.Rptr.3d 96.)

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Is a plaintiff entitled to a waiver of the Statute of Limitations and Waiver of the Limitations? (California, United States of America)
Is a public agency subject to estoppel from the assertion of either the time limits for filing tort claims or the statute of limitations on cause of action? (California, United States of America)
What is the statute of limitations for a writ of mandamus? (California, United States of America)
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Is there any case law or case law in which a land held for public purposes is not subject to the limitation of the statute of limitations? (California, United States of America)
What is the statute of limitations for a mandamus action where no other period of time is specified? (California, United States of America)
In what circumstances will a defendant waive the statute of limitations defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.