Petition for Writ of Administrative Mandate - California

VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDATE

Filing Gate

Use this petition only to review a final administrative order or decision resulting from a proceeding in which the law required a hearing, evidence was taken, and the agency exercised discretion in determining facts. Cal. Code Civ. Proc. § 1094.5(a).

Before filing, confirm whether an agency-specific statute supplies a different review procedure or deadline.

Under Cal. Gov't Code § 11523, the ordinary deadline for a covered state-APA decision is 30 days after the last day on which reconsideration can be ordered. Reconsideration need not be requested. If the petitioner requests preparation of all or part of the record within 10 days after that date, the filing period extends until 30 days after delivery of the requested record.

Court Caption

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

Case No.: [________________________________]

VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDATE

(Cal. Code Civ. Proc. § 1094.5)

1. Parties

1. Petitioner [________________________________] is [an individual / entity] whose address is [________________________________].

2. Respondent [________________________________] is the agency or officer that issued the decision challenged here.

3. Real Party in Interest [________________________________] is joined because [________________________________].
   ☐ No real party in interest has been identified after review of the governing statute and agency proceeding.

2. Jurisdiction, Timeliness, and Exhaustion

4. This Court may review the final administrative decision under Cal. Code Civ. Proc. § 1094.5.

5. Respondent issued the final decision in Agency Matter No. [________________________________] on [__/__/____]. A copy is attached as Exhibit A.

6. The last day on which reconsideration could be ordered was [__/__/____]. This petition is timely under Cal. Gov't Code § 11523 because [________________________________].

7. Petitioner exhausted the administrative remedies that had to be exhausted before judicial review by [________________________________].

3. Administrative Proceedings

8. The agency proceeding concerned [________________________________].

9. A hearing was held on [__/__/____] before [________________________________].

10. The material findings and disposition were: [________________________________].

11. Petitioner is beneficially interested and is aggrieved because [________________________________].

4. Grounds for the Writ

Under Cal. Code Civ. Proc. § 1094.5(b), prejudicial abuse of discretion includes proceeding without or in excess of jurisdiction, denying a fair trial, failing to proceed as required by law, issuing a decision unsupported by the findings, or relying on findings unsupported by the evidence.

Petitioner alleges:

☐ Respondent acted without or in excess of jurisdiction because [________________________________].

☐ Petitioner was denied a fair hearing because [________________________________].

☐ Respondent failed to proceed in the manner required by law because [________________________________].

☐ The decision is not supported by the findings because [________________________________].

☐ The findings are not supported by the applicable evidentiary standard because [________________________________].

For an evidence challenge, identify whether the court must exercise independent judgment or apply substantial-evidence review under Cal. Code Civ. Proc. § 1094.5(c), and explain the basis: [________________________________].

5. Record and Stay

12. Petitioner requests preparation or filing of the administrative record identified in [the attached record request / Exhibit B].

13. Petitioner ☐ requests / ☐ does not request a stay. A stay application must separately address Cal. Code Civ. Proc. § 1094.5(g) and, when applicable, the additional standard in subdivision (h), and must include proof of service on Respondent.

6. Prayer

Petitioner requests that the Court:

1. Issue an alternative writ or order to show cause;
2. Enter judgment directing Respondent to set aside the challenged decision;
3. Remand for any further action permitted by Cal. Code Civ. Proc. § 1094.5(f);
4. Grant a stay if separately requested and justified;
5. Award recoverable costs; and
6. Grant other lawful relief.

Verification

I, [________________________________], declare:

I am [Petitioner / authorized representative of Petitioner]. I have read this petition. The factual allegations are true of my own knowledge except matters stated on information and belief, which I believe to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], California.

Signature: ______________________________
Name and title: [________________________________]

Attorney Signature

Dated: [__/__/____]

[LAW FIRM / ATTORNEY NAME]

By: ______________________________
[Attorney Name], State Bar No. [________]
Attorney for Petitioner

Filing Checklist

☐ Agency-specific review statute checked
☐ Deadline calculated from the correct reconsideration date
☐ Timely record request documented, if used to extend the filing period
☐ Correct respondent and real parties identified
☐ Final decision attached
☐ Administrative remedies and issue preservation confirmed
☐ Stay application and proof of service prepared, if needed
☐ Local superior-court rules checked

Sources and References

• Cal. Code Civ. Proc. § 1094.5: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1094.5.&lawCode=CCP
• Cal. Gov't Code § 11523: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11523.&lawCode=GOV