On this page you will find a few templates to use at each stage of the process. You will need to tailor them to your own circumstances and set of facts. These motions are very specific depending on the underlying circumstances, and your petition will need to be made specific to your own situation. You may wish to do additional research prior to filing, to fully understand how to tailor your motion.
You can save the samples to your laptop or device and put in your own information. Then file and serve it according to the General Procedure provided under the Jurisdiction and Procedure tab.
If you have questions, feel free to ask our staff. We cannot give legal advice, but we can help you find resources to enable you to fine tune your research.
The basic structure for the Petition for Writ of Administrative Mandamus is as follows. You may refer to this to create your own petition or to follow along with the templates.
1. Petitioner's Standing: This statement shows that you have standing to bring the case, meaning you have a stake in the outcome of the decision. This is where you state that you were the one denied benefits, had a license suspended, or were otherwise affected by the decision you are appealing.
2. Respondent's Capacity: This is where you explain that the respondent you are listing on the appeal has the capacity to respond. In other words, you are naming the agency that actually made the final decision in the case you are appealing.
3. Real Party in Interest's Capacity: Here, you allege facts that shows the nature of any real party in interest. For example, in an unemployment case, although the Unemployment Insurance Appeals Board is the respondent, your previous employer is a real party in interest, as they too would be affected by the outcome of the decision.
4. Case Meets Procedural Requirements: You must state the facts that show that the requirements for the California Civil Procedure rules have been met. Specifically, you must state that:
1. The petition challenges a final administrative decision,
2. The decision was made as a result of a proceeding where a hearing was required and evidence was taken, and
3. The agency you are challenging had discretion in determining the facts of the case.
5. Why Decision is Invalid: Here, you explain why you think the decision is invalid and should be reviewed. Possibilities include:
a. Agency proceeded in excess of its jurisdiction;
b. You were denied a fair trial; or
c. The agency abused its discretion.
6. Administrative Remedies Exhausted: You must provide facts showing that you already tried to appeal the case through the agency, and appealing to court is your only option left.
7. Prayer for Relief: Here, you tell the court what you want the outcome of the petition to be. You will likely ask for the Court to reverse the decision of the agency. You may also ask for costs, damages, attorney's fees, or other relief as appropriate.
8. Verification: Finally, you will verify the petition, meaning you sign the document to indicate that all the facts are true.
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