Which Court do I file in?
You will file in Superior Court, NOT Appellate Court.
You will want to bring your administrative mandamus proceedings in the county where your cause of action arose. For example, if you are appealing an unemployment benefits decision, generally you will file in the same county that you were working in. This Guide focuses on motions to be brought in San Diego County Superior Court.
The basic procedure for a Writ of Administrative Mandamus is as follows:
1. Request the Administrative Record.
2. Draft and file the Petition for the Writ. A Petition asks the court to do something. A Writ commands an administrative agency to do something, such as reverse its decision.
3. Serve copies on all parties.
4. File the administrative record with the court with a Notice of Lodging.
5. File a Notice of Motion for Peremptory Writ of Mandamus. A Notice of Motion informs the Court of what it is you are asking them to do, and informs any party to the action where and when the Motion is going to be heard. Serve copies on all parties.
6. Attend the hearing as scheduled.
1. Request a copy of the administrative record (see Sample Pleading tab for a sample). The sample request shows you where to insert your own unique information and what kind of information to provide. Note that the agency may request reimbursement for actual costs for transcribing or otherwise preparing the record.
2. Prepare writ petition. Use the Resources tab and/or the Sample Pleading tab for examples. There are so many different agencies, we have provided samples for the two most common - Unemployment Insurance Appeals Board and the Department of Motor Vehicles. The samples show you where to insert your own information, and what kind of information to provide.
3. After you have prepared your petition, make two copies. You should have a total of three copies: an original and two duplicates. The original is filed with the court clerk; one copy is for your records; and the third copy is served on the agency. If your case also involves a real party in interest (such as the employer in an unemployment case) you will need a fourth copy.
4. Take all copies to the court clerk at the Business Office of the appropriate San Diego Superior Court.
5. The court clerk will take all copies and file stamp them. This shows they were received by the court. The clerk will hand you back the copies. The clerk puts the original in the court's file.
6. Keep one of the file-stamped copies for yourself. The other copy must be served on the agency involved in the case, and the real party in interest, if applicable. The delivery has to be done by someone over 18 years of age who is not a party to the case. You cannot do it yourself, but a friend, neighbor, or co-worker can do the delivery for you. You will need a Proof of Service form to prove that you served the agency. There are several forms, and they are specific to whether service is being done personally, or by mail.
7. Take the Proof of Service form and type the top part with your name, the case title, case name, etc. Check off the box showing the County Courthouse's address. Fill in the name of the person who will do the delivery (or "service") for you. List the documents being sent. Then have the delivery person check to make sure that each of the listed documents goes into the envelope, that the envelope is sealed, and correctly addressed. Include a dated but unsigned copy of the Proof of Service form in the packet.
8. Your friend/neighbor/colleague then drops the packet in the mail, or delivers it in person, and signs the original Proof of Service form. This certifies under penalty of perjury that service of papers has been carried out properly.
9. Take the completed Proof of Service form, make a copy, and take both copies down to the clerk. Have the clerk file-stamp the forms. The clerk will put one in the court's file and give one back to you. Keep your file-stamped copy as a receipt.
10. When administrative record is received, prepare the Notice of Lodging Administrative Record, see Sample Pleadings tab. File the notice and a copy of the administrative record with the court. The record must be received by the court at least five days before the hearing.
11. Next, prepare the Notice of Motion for Peremptory Writ of Mandamus by following the template provided in this guide. Make at least three copies of this motion.
12. Send a copy of the motion to the agency, and another copy to any real party in interest (such as the employer in an unemployment case).
13. Attend the hearing as scheduled.