Legal Question in Administrative Law in California

Re: Can I get a court order fast? I need a minsisterial duty performed.

I think it is less likely that a court will act in time to do you any good than that the college, once served with a suit, will sit up and take notice and perform its ministerial function.

Here are some random thoughts without benefit of research:

1. Writ of Mandate seems to be the type of suit to use; I'd also throw in a money damages claim based on what a one-year delay in getting your degree is probably gonna cost you in terms of income, etc.

2. Specific Performance doesn't work in your case; that is a remedy for breach of contract and you don't have a contract for these exams.

3. I wonder if the Tort Claims Act would apply to this action. There may be a pre-notice requirement.

As I say, your real hope is to goad them into action; there is almost nothing a court can do on super-short notice. The main excpetion is the Temporary Restraining Order, or TRO, and TROs are pretty much limited in function to a court ordering someone NOT to do something, rather than affirmatively ordering the doing of an act. However, getting a useful TRO is not totally out of the realm of possibility. That requires filing a suit of some kind first.

Re: Can I get a court order fast? I need a minsisterial duty performed.

1. Who told you that you had a 'right' to credit by exam?

2. IF you do, then you could file an

'emergency' ExParte for a Writ. To convince a court to do so would require clear and convincing proof of your 'right' in your present circumstances, and of their unreasonable refusal, and of the realistic possibility of a court order achieving what you ask in the time you ask, and of the need for such emergency order.

Such legal action would be a bit costly, and there is NO guarantee of success.

So, if you can clearly show the basis of your claim of 'right', and are prepared to invest the money necessary, feel free to contact me for the legal help you'll need.