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Writ of mandate california form

Writ of mandate california form 2025

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The document is a legal petition filed in the Superior Court of California, County of Orange, requesting an alternative writ of mandate to set aside the suspension of a petitioner's driving privilege due to a DUI charge. It outlines the circumstances surrounding the suspension, including details about the arrest and administrative hearing. The petitioner seeks to have the DMV's suspension revoked and requests a stay on the suspension pending court proceedings.

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What is an example of a mandatory writ?

What is an example of a writ? A writ of mandamus can be filed against a court or a government official. For example, if a government official does not release information that should be made public, a writ of mandamus can be filed, asking the court to compel the official to release the information.

How to file a writ of execution in California?

(a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to

How do you get a writ of mandate in California?

The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the courts motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate.

Who can serve a writ of execution in California?

(a) Subject to subdivision (b), after entry of a money judgment, a writ of execution shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server.

How long do you have to file a writ in California?

The time limit for filing a common law writ petition is controlled by the doctrine of laches, usually interpreted as 60 days from the date of the ruling. (Peterson v. Superior Court (1982) 31 Cal. 3d 147; 163; Popelka Allard, McCowan Jones v.

How long do I have to move after a writ of possession in California?

The sheriff will give the tenant 5 days to move The sheriff will serve the tenant with a Notice to Vacate (move out) from your home. This gives your tenant 5 days to move out. If they dont move, the sheriff will remove them from the home and lock them out.

How to serve a writ of execution?

The writ is served by the U.S. Marshal or other person, presumably a law enforcement officer, specially appointed by the court pursuant to Federal Rule of Civil Procedure 4.1(a).

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