What is the test for issuing a writ against a public body or a public officer?

California, United States of America


The following excerpt is from Sacks v. City Of Oakland, A126781, A126817, No. RG08-380286 (Cal. App. 2010):

While a writ may issue against a county, city or other public body or against a public officer," 'the writ will not lie to control discretion conferred upon a public officer or agency. [Citations.] Two basic requirements are essential to the issuance of the writ: (1) A clear, present and usually ministerial duty upon the part of the respondent [citations]; and (2) a clear, present and beneficial right in the petitioner to the performance of that duty [citation]. [Citation.]' [Citations.]" (Shamsian v. Department of Conservation (2006) 136 Cal.App.4th 621, 639-640 [39 Cal.Rptr.3d 62].) Our review of the City's implementation of the ordinance " ' "is limited to an inquiry into whether the action was arbitrary, capricious or entirely lacking in evidentiary support. [Citation.]"... "With respect to these questions the trial and appellate courts perform essentially the same function, and the conclusions of the trial court are not conclusive on appeal." '

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