Legal Question in Administrative Law in California

Inclusion in a State of California exam

I submitted an application to take a promotional exam with the State of California, Dept. of Corrections. They claim they did not receive my application, but they lose and misplace documents all of the time. The test is now 3 days away. How can I file a legal action to take the test or take the make-up exam?


Asked on 7/06/08, 10:18 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Inclusion in a State of California exam

Next time, mail your important mailpiece using Certified Mail, Delivery Confirmation, or Signature Confirmation.

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Answered on 7/07/08, 5:49 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Inclusion in a State of California exam

Filing a legal action at this late stage is impractical. The best you could hope for is a TRO, and I doubt you could get one because filing suits against government entities cannot be done at the drop of a hat. You need to exhaust administrative remedies and file a claim under the Tort Claims Act (probably); after doing so, the appropriate relief would be a writ of administrative mandamus (or mandate). In the short run, plead with your superior and/or the testing administrator.

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Answered on 7/07/08, 2:53 pm


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