Superior Court – Writs and Receivers
Government Agencies > Superior Court – Writs and Receivers
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Superior Court Writ Departments
After a case is lost at the administrative level, usually due to an order of license revocation by a board, bureau, agency or department, that decision can be appealed by filing a petition for writ of administrative mandamus. If a license revocation is going to take effect, the legal process to ask a Superior Court judge to issue a stay order using an ex parte application for stay.
Petitions for writs of administrative mandamus and ex parte applications for stay are usually heard in the writs and receivers department of Superior Court. These departments may go under different names in different counties.
Sacramento County Superior Court Prerogative Writ Departments
Sacramento County Superior Court has four courtrooms that handle petitions for writ of administrative mandamus, Department 24, Department 29, Department 31 and Department 42. Most of the petitions for writs of administrative mandamus filed against State of California licensing agencies are heard in Sacramento County Superior Court. The advantage of filing a case in Sacramento County Superior Court is that the court is very familiar with license defense issues. Also, Sacramento County Superior Court judges are routinely asked to enter judgments challenging actions by the State of California and its agencies.
Los Angeles County Superior Court Writs and Receivers
Departments 82, 85 and 86 located in the Stanley Mosk Courthouse of Los Angeles County Superior Court hear writ petitions taken on administrative cases. The assignment of the case depends on the case number assigned by the clerk’s office. The “receivers” portion of the name refers to a legal proceeding where the Superior Court takes control of property and assets in certain disputes. The Writs and Receivers Departments of Los Angeles County Superior Court are the second largest department for these cases in the state. The advantage of filing in Los Angeles County Superior Court is the convenient access to the court for individuals living in southern California.
San Francisco County Superior Court Law and Motion Department
Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. Although this is a single department hearing many types of law and motion cases, Department 302 has decided many important petitions for writ of administrative mandamus.
Writs of Administrative Mandamus in Other Superior Courts
Different counties in California have their own unique manner of handling case assignments. Although some have a specific court department for hearing petitions for writ of administrative mandamus, in many courts these cases can be assigned to any judge. Choosing the right courtroom and courthouse for any case, including a petition for writ of administrative mandamus, can be critical to the success of the petition. Ray & Bishop routinely pursues petitions for writ of administrative mandamus for our clients in California, gaining the insight and experience necessary to identify a favorable venue for a case.
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