A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
California Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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Rustin: There are five general stages of a civil court case: pleadings, discovery, motions, trial and possibly appeals. Civil lawsuits arise out of disputes between people, businesses, or other entities. Civil lawsuits generally proceed through these five distinct steps.
"A decision is arbitrary if it comes about seemingly at random or by chance or as a capricious and unreasonable act of will. It is capricious if it is the product of a sudden, impulsive and seemingly unmotivated notion or action." City of Livingston v.
Of Monroe: ?arbitrary and capricious conduct is willful and unreasonable action without consideration or regard for the facts and circumstances." Arbitrary and capricious is a standard for judicial review and appeal, often seen in administrative law.
The California Supreme Court has a maximum of 90 days after the last petition for review is filed to consider the petition and decide how to respond. If the Supreme Court does not respond to the petition for review, the Court of Appeal's decision generally becomes final 61 days from the date it was issued.
Legislative actions are subject to an arbitrary and capricious standard under which the court may not second-guess the decisions of the legislative body.
Section 706(2)(A) of the Administrative Procedure Act (APA) instructs courts reviewing regulation to invalidate any agency action found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in ance with law." The arbitrary-or-capricious test is used by judges when reviewing the factual basis for ...
The party who files a petition for review must give the California Supreme Court paper copies of the petition, even if they electronically file (e-file). If filing on paper, the petitioner must give the Supreme Court an original petition for review plus 13 copies.
The arbitrary and capricious test for challenging agency actions is hard to meet because it is so deferential. All the reviewing court must find is a reasonable basis for the agency's action. This can be met by the agency showing they acted with rational reasoning and considered relevant facts.