VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDATE
(Cal. Code Civ. Proc. § 1094.5)
AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
[SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF [COUNTY]]
Case No.: _____
Filed: ________
Judge: ________
Department: ___
[PETITIONER],
Petitioner,
v.
[RESPONDENT STATE AGENCY],
Respondent.
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties
- Exhaustion of Administrative Remedies
- Statement of Facts
- Claims for Relief
7.1 First Cause of Action – Writ of Administrative Mandate
7.2 Second Cause of Action – Declaratory Relief
7.3 Third Cause of Action – Injunctive Relief - Prayer for Relief
- Verification
- Signature Block
[// GUIDANCE: Remove or update automatic page numbering once final formatting is applied in word-processing software.]
1. DOCUMENT HEADER
1.1 Effective Date. This Verified Petition and Complaint (the “Petition”) is deemed filed on the date reflected by the Clerk’s endorsement.
1.2 Recitals.
(a) Respondent [STATE AGENCY] (“Agency”) issued a final decision dated [DATE OF DECISION] (the “Decision”) imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to California Code of Civil Procedure section 1094.5 and Government Code section 11523.
(c) Petitioner additionally seeks declaratory and injunctive relief to prevent enforcement of the Decision pending final determination of this proceeding.
2. DEFINITIONS
For ease of reference, the following capitalized terms have the meanings set forth below:
“Administrative Record” – the complete record of the underlying agency proceeding compiled pursuant to Cal. Code Civ. Proc. § 1094.5(a).
“Agency” – [RESPONDENT STATE AGENCY FULL FORMAL NAME] and, where appropriate, its officers, employees, agents, subdivisions, boards, and successors.
“Decision” – the final administrative decision, order, or determination issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].
“Petitioner” – [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.
[// GUIDANCE: Add or delete defined terms to track the facts of the matter; ensure consistent capitalization throughout.]
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Statutory Basis. This Court has jurisdiction under Cal. Code Civ. Proc. § 1094.5 (writ of administrative mandate) and Cal. Gov’t Code § 11523 (timeliness of review).
3.2 Venue. Venue is proper in this Court because (a) the underlying administrative hearing occurred in [COUNTY] County, (b) the Decision was issued in [COUNTY] County, and/or (c) Petitioner resides or maintains its principal place of business in [COUNTY] County.
3.3 Governing Law. This Petition is governed exclusively by the California Constitution, the California Administrative Procedure Act, and California statutory and decisional law relating to administrative mandate. No jury trial is available in administrative mandate proceedings.
4. PARTIES
4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with its principal offices at [ADDRESS].
5. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5.1 Petitioner participated fully in the underlying agency proceeding, preserved each objection stated herein, and timely sought internal reconsideration/appeal on [DATE].
5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; therefore, all administrative remedies are exhausted for purposes of Cal. Gov’t Code § 11523 and the exhaustion doctrine.
5.3 This Petition is filed within the statutory [30/XX]-day limitations period prescribed by Cal. Gov’t Code § 11523.
[// GUIDANCE: Attach proof of exhaustion—e.g., final decision letter—as Exhibit A.]
6. STATEMENT OF FACTS
6.1 Overview of Proceedings. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].
6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [ALJ/HEARING OFFICER NAME] at which Petitioner presented [NUMBER] witnesses and [NUMBER] documentary exhibits.
6.3 The Decision. On [DATE], the Agency adopted the Hearing Officer’s proposed decision, finding [FINDINGS] and imposing the following sanctions: [SPECIFY].
6.4 Prejudice to Petitioner. The Decision adversely affects Petitioner by [DESCRIBE HARM: e.g., monetary penalties, license suspension, reputational damage].
7. CLAIMS FOR RELIEF
7.1 FIRST CAUSE OF ACTION
(Writ of Administrative Mandate – Cal. Code Civ. Proc. § 1094.5)
7.1.1 Abuse of Discretion. Agency acted in excess of jurisdiction and abused its discretion in that (a) the Decision is not supported by the findings, and (b) the findings are not supported by the weight of the evidence.
7.1.2 Standard of Review. Because the Decision affects Petitioner’s [fundamental vested right/license], the Court must exercise its independent judgment on the evidence. In the alternative, the Decision is not supported by substantial evidence in light of the whole record.
7.1.3 Procedural Error. Agency failed to proceed in the manner required by law by [e.g., denying a fair hearing, admitting inadmissible evidence, violating Gov. Code §§ 11513–11515].
7.1.4 Relief Requested. Petitioner requests (a) issuance of a peremptory writ commanding Agency to set aside the Decision, (b) vacation of penalties, and (c) reinstatement of Petitioner’s [license/permit/etc.].
7.2 SECOND CAUSE OF ACTION
(Declaratory Relief – Cal. Code Civ. Proc. § 1060)
7.2.1 An actual controversy exists regarding the validity, interpretation, and enforcement of the Decision.
7.2.2 Petitioner seeks a judicial declaration that the Decision is void and unenforceable.
7.3 THIRD CAUSE OF ACTION
(Injunctive Relief – Cal. Code Civ. Proc. § 526)
7.3.1 Absent injunctive relief, Petitioner will suffer irreparable harm, including [describe].
7.3.2 Petitioner seeks a temporary stay and permanent injunction barring enforcement of the Decision pending final resolution of this action.
8. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays for judgment as follows:
A. For issuance of an alternative writ of administrative mandate directing Respondent to show cause why the Decision should not be set aside;
B. After hearing, for issuance of a peremptory writ commanding Respondent to vacate the Decision in its entirety and to take any further action consistent with the Court’s order;
C. For declaratory judgment that the Decision is null, void, and of no legal effect;
D. For preliminary and permanent injunctive relief enjoining Respondent from enforcing the Decision or from taking any adverse action against Petitioner based thereon;
E. For costs of suit and reasonable attorney’s fees as permitted by law;
F. For such other and further relief as the Court deems just and proper.
9. VERIFICATION
I, [NAME], am the [TITLE] of Petitioner [PETITIONER NAME]. I have read the foregoing Petition and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them 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 [DATE], at [CITY, STATE].
[NAME]
[Title], [Petitioner]
10. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Petitioner [PETITIONER NAME]
By: _____
[ATTORNEY NAME]
State Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ________
[// GUIDANCE:
1. File a Notice of Lodging of Administrative Record once the agency transmits the record.
2. Concurrently file (or later move for) a request for stay under Cal. Code Civ. Proc. § 1094.5(g) if immediate injunctive relief is required.
3. Serve the Petition and Summons on the Attorney General or agency counsel pursuant to Cal. Gov’t Code § 11523.
4. Calendaring: The first status conference customarily occurs 30–60 days after filing; confirm local rules.]