Legal Question in Civil Litigation in California

I filed a writ of mandate and it was not answered; a default was entered and served but the Judge set the default aside. (Q) Can a writ of mandate be defaulted on?


Asked on 3/19/11, 4:19 pm

2 Answers from Attorneys

Herb Fox Law Office of Herb Fox

You don't tell us what kind of writ of mandate this was. But generally speaking, defaults are frowned upon. Sorry, but you will probably have to prove your case. If you want to assert your rights, however, you will need to very quickly file an appellate court petition, although it will, more likely than not, be denied.

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Answered on 3/19/11, 9:34 pm
Terry A. Nelson Nelson & Lawless

Default? All that means is that no one opposed it, and yes that might result in a pseudo 'default' if the court found the writ to have proper good cause, and granted the writ because there was no opposition. The 'notice' you filed was meaningless, and thus set aside. You need to determine IF the court has ex parte dismissed or denied or rejected the writ, then you can determine what if any action to take.

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Answered on 3/21/11, 9:06 am


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