Legal Question in Administrative Law in California

what is a writ? can an individual write a writ without a lawyer,which would make much sense, but when can't afford one.

I'm on disability, moved home to Pennsylvania and now in appeal on denial of an inservice disabiity pension with my govenment job in California.

I can't afford a lawyer, wrote my own opening and closing brief, now waiting to hear decision of arbitrator. do you know where I can get samples of a writ in California for this?

I've had four major surgeries on my spine and meet social security definition of disability.


Asked on 1/12/11, 8:20 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A writ is an order from a court to a lower court or a government body telling it to obey the law. You are apparently in need of a "writ of administrative mandamus" or "writ of mandate" ordering the employing department or agency to comply with disability rules. There is generally a big procedural prerequisite to getting a writ -- exhaustion of your administrative remedies. I assume you knew that part.

If you were in California, I would advise you to go to a law library. There is one in each county, and one at each university where law is taught. I can think of several books that would be very helpful. One is "Handling Administrative Mandamus" which is a paperback step-by-step guide for attorneys; another is "California Administrative Mandamus," a treatise on the subject; both are published by CEB (Continuing Education of the Bar), a joint venture of the California State Bar and the University of California.

Since you are not here, I'll lend you my copies of these items if you'll furnish me (directly, off the bulletin board) your name and mailing address.

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Answered on 1/17/11, 10:31 am
James Goff James R. Goff, Attorney at Law

A writ is a prejudgment appeal. In this instance your jurisdiction is going to be the Superior Court of California, probably the Superior Court nearest the entity whose order you want to challenge since you are not in California. Good luck.

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Answered on 1/17/11, 10:54 am


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