Legal Question in Appeals and Writs in California

I need to know where to file a Writ of Mandate. I live in Sonoma County but I may have read somewhere that a person who is appealing a CalPERS Board of Administration's decision would need to file a Writ in a County where an Attorney General's Office is located. Is that information correct? If so, then I believe that Alameda County Superior Court or Sacramento County Superior Court would be the correct venue. If that is not the situation, then I assume I could file in Sonoma County Superior Court.

I also need assistance in calculating the deadline for the Writ to be filed. I have read Gov. Code section 11523 and am still confused as to what would be the last day to file my Writ of Mandate. I am trying to figure out what would be 30 days after the last day that the CalPERS Board of Administration could have been ordered. Is it 90 days after the Board adopted the ALJ's Proposed Decision denying my application for disability benefits?

I am also desperately trying to find a certified case stating that a Superior Court Judge allowed a Petititoner CalPERS disability retirement benefits since a federal ALJ already awarded full social security disability benefits to the Petitioner.

Any help would certainly be appreciated.

Thank you.


Asked on 7/15/10, 2:21 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You're asking a lot. Telling you where and when you must file goes well beyond the type of general information this site is supposed to provide and into the realm of actual legal advice. That is not what this site is here for. Calculating due dates can be particularly tricky; it takes real expertise, and it carries real risk. Asking a lawyer to do this for you for free is like asking a doctor to diagnose an illness and design a course of treatment without paying her. People who need concrete legal advice should get it by hiring lawyers or by finding some who are willing to help out pro bono.

I am a certified appellate specialist (per the State Bar of California Board of Legal Specialization) and would be happy to discuss your case with you if you contact me directly.

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Answered on 7/15/10, 8:07 pm


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