Examples of a Writ of Mandate / Mandamus

A person may file a petition for writ of mandate, also known as a petition for mandamus, for a broad array of claims against any one of many government agencies.  For example, such a claim can be made against any government branch, agency, or official, including courts and prison or parole officials. Code of Civil Procedure §§ 1085-1086; Loder v. Municipal Court (1976) 17 Cal. 3d 859, 863, 132 Cal. Rptr. 464.  

However, what are some examples of grievances that a petition for a writ of mandate / mandamus?  

It can be used as a means to get prison, jail, police, or parole officials to comply with their legal duties, including following their own regulations. Galzinski v. Somers (2016) 2 Cal. App. 5th 1164, 207 Cal. Rptr. 3d 191 (compelling the police department to follow their published procedures for addressing citizen complaints); In re Brindle (1979) 91 Cal. App. 3d 660, 154 Cal. Rptr. 563 (forcing prison officials to allow public defender access to people in jail custody); Bradshaw v. Duffy (1980) 104 Cal. App. 3d 475, 163 Cal. Rptr. 559 (forcing jail officials to inform people incarcerated in county jail of policy preventing trusties from honor farm placement).; Gee v. Brown (1975) 14 Cal. 3d 571, 122 Cal. Rptr. 231 (seeking to have parole authorities comply with laws as to when counsel must be appointed for parole rescission hearing); Bailey v. Loggins (1982) 32 Cal. 3d 907, 187 Cal. Rptr. 575 (compelling prison officials to obey the constitution and state statutes when censoring prison-published newspapers); Stoneham v. Rushen (1982) 137 Cal. App. 3d 729, 732, 188 Cal. Rptr. 130 (compelling prison officials to comply with the new Administrative Procedures Act before transferring people under new classification policy).

A common use of a mandate petition is to request an order from a judge to force the CDCR to properly process and respond to administrative appeals. See, e.g., Villery v. California Dept. of Corrections and Rehabilitation (2016) 246 Cal. App. 4th 407, 200 Cal. Rptr. 3d 896; Menefield v. Foreman (2014) 231 Cal. App. 4th 211, 180 Cal. Rptr. 3d 3; Wright v. California (2004) 122 Cal. App. 4th 659, 19 Cal. Rptr. 3d 92.

A rather common use of petition for writ of mandate is to seek an order that the CDCR return property or its value in money (called a claim for “specific recovery of property”) that was taken for administrative reasons (such as during a transfer or segregation placement) and lost or damaged by prison staff. Escamilla, supra.  However, if property was confiscated as contraband, a person cannot use a petition of mandate to seek return of the property or compensation for its loss, as there is no ministerial duty for the officials to return contraband. Flores v. California Dept. of Corrections and Rehabilitation (2014) 224 Cal. App. 4th 199, 205-208, 168 Cal. Rptr. 3d 204.

 

People can also use a petition for writ of mandate to force other sorts of public officials to do their official duties. Holmes v. California Victim Compensation and Government Claims Board (2015) 239 Cal. App. 4th 1400, 192 Cal. Rptr. 3d 24 (seeking to set aside denial of government claim for damages); League of Women Voters v. McPherson (2006) 145 Cal. App. 4th 1469, 52 Cal. Rptr. 3d 585 (seeking to compel election officials to accept voter registrations from people in jails who were qualified to vote); Mack v. Younger (1978) 21 Cal. 3d 102, 118, 145 Cal. Rptr. 674 (mandate used to compel attorney general to comply with law on expungement of records).

Other uses of mandate include challenging the constitutionality of criminal procedures or other laws. Briggs v. Brown (2017) 3 Cal. 5th 808, 221 Cal. Rptr. 3d 465 (challenging constitutionality of changes to death penalty appeal and habeas procedures); Legal Services for Prisoners with Children v. Bowen (2009) 170 Cal. App. 4th 447, 87 Cal. Rptr.3d 869 (challenging broad denial of voting to all people convicted of felonies).

People can use a petition for writ of mandate to make a court to do its duties, such as hearing and deciding cases within its jurisdiction or following laws that protect rights to litigate issues, to have fair hearings, or to other benefits required by law. Payne v. Superior Court (1976) 17 Cal. 3d 908, 132 Cal. Rptr. 405 (mandate petition used to make court determine whether petitioner’s right of access to the courts was denied when civil judgment was entered against him while he was unable to obtain an attorney or appear to defend himself due to incarceration); Cox v. Superior Court (2016) 1 Cal. App. 5th 855, 205 Cal. Rptr. 3d 188 (challenging court’s improper decision deeming a person’s civil complaint against prison officials to be a habeas corpus petition, effectively depriving the person of the ability to win money damages); Rose v. Superior Court (2000) 81 Cal. App. 4th 564, 6 Cal. Rptr. 2d 843 (challenging court’s failure to hold necessary evidentiary hearing or state reasons for denial of habeas corpus petition); Reaves v. Superior Court (1971) 22 Cal. App. 3d 587, 99 Cal. Rptr. 156 (mandate used to force a judge to process habeas petitions from people in prison and stop delegating that responsibility to the district attorney); see also Burnett v. Superior Court (1974) 12 Cal. 3d 865, 117 Cal. Rptr. 556 (challenging court’s refusal to rule on motion, to set aside charges in criminal proceeding); Martinez v. Superior Court (1973) 36 Cal. App. 3d 683, 111 Cal. Rptr. 678 (mandate used compel trial court to hold proceedings to determine whether petitioner should be allowed to withdraw guilty plea); Scott A. v. Superior Court (1972) 27 Cal. App. 3d 292, 103 Cal. Rptr. 683 (mandate used to compel court to seal records); Parks v. Superior Court (1971) 19 Cal. App. 3d 188, 96 Cal. Rptr. 645 (mandate used to compel court to follow rule requiring it to set aside guilty verdict after juvenile honorably discharged from youth authority); Smith v. Superior Court (1968) 68 Cal. 2d 547, 68 Cal. Rptr. 1] (mandate used to stop court from dismissing appointed attorney over both the attorney’s and defendant’s objection). 

This article would not be possible without reference to the excellent treatise, California Prison and Parole Law Handbook, written by the Prison Law Office.  We thank them.