VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDATE (CCP § 1094.5)

CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF [COUNTY]
[PETITIONER/LICENSEE], Petitioner,
v.
[AGENCY/BOARD NAME], Respondent.
Case No.: [ ]

INTRODUCTION

• Petition for writ of administrative mandate challenging Respondent’s [Denial/Discipline/Suspension/Revocation] of [License Type] issued [DATE].

JURISDICTION, VENUE, AND TIMELINESS

• Jurisdiction under CCP § 1094.5; venue proper in [County].
• Petition timely under [licensing statute/agency rule] (often 30 days from service; check specific statute).
• Administrative remedies exhausted.

PARTIES

• Petitioner [Name], license number [ ].
• Respondent [Agency/Board], state agency located in [County/City].

PROCEDURAL HISTORY

• Summary of accusation/notice, hearing date(s), ALJ proposed decision, Board adoption/modification, and service of final decision on [DATE].

STANDARD AND GROUNDS (CCP § 1094.5)

• Prejudicial abuse of discretion: decision not supported by findings, or findings not supported by the weight of the evidence (substantial evidence/independent judgment where vested right).
• Errors of law, procedural defects, due process violations.
• [Tailor to record].

ALLEGATIONS (SUMMARY)

• [Facts showing evidentiary gaps, legal errors, bias, or procedural defects].

RELIEF REQUESTED

• Issue writ directing Respondent to vacate the decision and [reinstate license/issue license/remand].
• Stay enforcement pending review (CCP § 1094.5(g)).
• Costs and other relief as just.

RECORD AND PREPARATION

• Request preparation/certification of the administrative record per Gov. Code § 11523/agency rule; Petitioner will arrange for record filing and pay costs as required.

VERIFICATION AND SIGNATURE

• Verification per CCP § 446; signature of Petitioner/counsel; proof of service on Respondent and Attorney General.