Regardless of whether you go with the noticed motion procedure or the alternative writ procedure, when initiating a writ proceeding in superior court you start with a writ petition. Here’s how you draft one.
Practitioners are sometimes confused about the proper use of two common types of writ procedures: administrative mandamus and traditional (or ordinary) mandamus. Confusion can arise because a state or local governmental agency may sometimes be sued in either traditional or administrative mandamus. The following is a guide to choosing the appropriate writ for your client’s situation.