Legal Question in Civil Rights Law in California

For a writ of mandate expert; I need a speedy order with no fuss.

A corporate lessee has excluded me from giving my golf lessons to my students at the course they ''lease.'' They have no right to exclusive use in the lease, and I do have a copy of the lease agreement. I want speedy relief. Is a writ of mandate under CCP 1085 appropriate? I see that an alternative writ can be ordered ''without notice'' to the other party. That looks great. But do I have to serve the Petition first? Or do I have to serve the summons first too? Or is it okay to just go ex-parte, even just as soon as I file the Petition, and without having served the summons and Petition? Like just mail a copy of the Petition first? (No summons needed.) I'm looking at this as a way to get a sort of temporary injunction that turns into a permanent injunction with no fuss or delays. CCP 1088 seems to indicate I don't need to serve the summons first, and that I can walk into court (ex parte style) and ask a judge to consider my problem. And he can issue an alternative writ. And it looks like 10 days later, after being served the alternative writ, and maybe after the Petition and summons actually reaches the Respondent, that the judge can make a final order? Can anyone tell me if I'm on the right track here, or tell me what to do?


Asked on 4/17/08, 10:42 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: For a writ of mandate expert; I need a speedy order with no fuss.

"No fuss"? Nice try.

"Writ"? No.

You'd have to file a civil lawsuit for damages and breach of agreement, and at the same time could file a request for TRO, possibly by ExParte emergency request. You'd have to meet your burdens of proof at each step of the way - on the ultimate lawsuit, on the request for a restraining order, and on the request for ExParte issuance as an 'emergency'. Feel free to contact me to discuss the facts and costs if serious about getting the legal help you'll need to have any chance of success in this process.

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Answered on 4/18/08, 2:20 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: For a writ of mandate expert; I need a speedy order with no fuss.

I wouldn't tell you what club to use to get out of a bunker, and likewise you would be well advised not to do your own legal work.

A writ of mandate is normally used in situations involving public entities such as a zoning dispute. Your best remedy against a private corporation in the situation you've described is probably a civil lawsuit for damages and injunctive relief, and yes, you can get into court quickly for a temporary restraining order or preliminary injunction. Remember to watch out for legal time limits.

I would be interested in hearing more.

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Answered on 4/17/08, 10:58 pm


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