Legal Question in Real Estate Law in California
Is it possible to appeal a Writ of Mandate? If so, how can I do that.
2 Answers from Attorneys
If you're referring to a writ of mandate issued by a trial court (or a denial of same), you would appeal the judgment pertaining to the writ of mandate just like you would appeal any other case. You would start by filing a timely notice of appeal.
Writs of mandate are of several kinds, and typically either a court order to a public official telling him or her to do his or her duty, or from a higher court to a lower court, instructing it to handle some matter before it differently. As such writs of mandate are generally appealable to the next-higher court, but only when still timely and only if the appealing party has standing. If a writ of appeal has been directed at you in your capacity as a public official, you would have appeal rights, but doesn't your employing agency have legal counsel to represent you? Overall, I'm a little hesitant about answering the question, since individuals in their individual capacity don't seem to be the target of writs and there may be much more to this than meets my eye. Not everyone who is tangentially interested in a writ proceeding will have a right of appeal.
Related Questions & Answers
-
Do I need to file an answer to a Remittitor? If so, how? Asked 8/04/11, 9:02 pm in United States California Real Estate and Real Property