Legal Question in Administrative Law in California
Does anyone know how to (know the correct procedures for California)file a Judicial Review of a a county clerk-recorder's refusal to file a document, in any court of competant juristiction? I can't seem to find anything in the code of civil procedures? Can someone point me in the right direction to get info on how to go about this in California? I need to get an order of the court as provided by California Government Code � 27204.
Thanks in advance! :)
2 Answers from Attorneys
Your best bet is to hire a lawyer. Your second best bet is to ask this question under civil litigation.
In order to obtain the compliance by the clerk of the court or any state agency you need to obtain a writ of mandate directed to the clerk. There is an old case Musick v. St. John, from Orange County that mandated the clerk to file a necessary document. Unfortunately, I cannot recall the citation my best recollection is that it was around 241 Cal.App.2d. You probably would be well served to seek the assistance of an attorney. A law book on Civil Writs by CEB could explain the difficulties involved. It is a civil matter so there are fees for filing a petition for a writ of mandate. Good luck.
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