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The court's Writ of Mandate Guide, which Local Rule 2.26 requires writ litigants to obtain and follow: initiating a proceeding and service; courtesy copies; CEQA cases; motions; scheduling hearings, with page limits and filing deadlines for merits hearings and motions; ex parte applications for a temporary stay; continuances; lodging the administrative record in proceedings under CCP section 1094.5; the hearing, tentative rulings and appearances; preparing the judgment and writ; dismissals; alternative writs; procedures for incarcerated, self-represented litigants; and election and housing development decision writs.
California > Third Appellate District > Sacramento County > Superior Court of California, County of Sacramento
WRIT OF MANDATE GUIDE FOR SACRAMENTO COUNTY SUPERIOR COURT Introduction This guide is offered pursuant to Local Rule 2.26 to explain the procedures for litigating petitions for writ of mandate in Sacramento County Superior Court. Parties are required to adhere to the procedures in this guide, as well as the applicable Local Rules, and the assigned department’s written protocols, which are available on the Court’s website. A writ petition is used to challenge an action or decision by a governmental or administrative agency, public official, governing board, or private body, and to compel some specific action be taken. There are two types of writs of mandate: (1) an administrative writ of mandate under Code of Civil Procedure (“CCP”) section 1094.5; and (2) a traditional writ of mandate under CCP section 1085. The type of writ sought depends on the nature of the challenged action or decision. A petition seeking an administrative writ is used to challenge a decision or action by a governmental agency resulting from a legally required evidentiary hearing. A petition seeking a traditional writ is used to challenge a decision or action that did not result from a legally required evidentiary hearing, and typically seeks to compel a clear, present, and ministerial duty. When a writ petition is filed, the case is assigned to a single judge and department for all purposes. Hearings on writ petitions are conducted in a manner akin to a civil law-and-motion hearing. The parties submit briefs in support of and opposition to the petition. Evidence usually consists of the administrative record or other admissible exhibits. Witness testimony is not typically allowed. Except for ex parte applications, a tentative ruling system is used as set forth in Local Rule 1.06. Initiating a Writ of Mandate Proceeding 1. File the petition and a civil case cover sheet.1 2. Pay the filing fee per Government Code section 70611, or if you cannot afford to pay court fees you may apply for a fee waiver using Judicial Council form FW-001-INFO. A government agency may be exempt from filing fees pursuant to Government Code section 6103. If filing by mail or by using the drop box, include a check or money order payable to Sacramento County Superior Court. 1 A document may be filed as follows: (1) by e-filing; (2) by delivering or mailing the document to the Civil Filing Counters in the Tani Cantil-Sakauye Courthouse at 500 G Street, Sacramento, CA 95814; or (3) by depositing the document in the drop box near the Civil Filing Counters. Filings that are delivered, mailed, or deposited in the drop box must include an original and two copies (labeled “Courtesy Copy” on the caption page) of each document. 3. Upon filing, the Court will assign a case number and issue a Notice of Case Assignment and a copy of this Writ of Mandate Guide. If e-filing, once you have received the Notice of Case Assignment, mail two hard copies of the filed petition labeled “Courtesy Copy” on the caption page to the assigned department. 4. Serve the writ petition, the Notice of Case Assignment, and the Writ of Mandate Guide on each respondent and real party in compliance with CCP sections 1107 and 1088.5. These documents must be served in the same manner as service of summons in a civil action. (CCP section 1096; see also Wagner v. City of South Pasadena (2000) 78 Cal.App.4th 943, 949.) CCP sections 413.10 – 417.40 discuss service of summons. 5. File a proof of service to show that each respondent and real party has been properly served. Until proper proof of service has been filed, the Court cannot act on the petition. Courtesy Copies Are Required For All Filings A copy of all filings must be emailed to the department clerk immediately upon filing. The filing party must also provide the assigned department with two additional paper copies of the filed document, labeled “Courtesy Copy” on the top page. If filing in person or by mail or the drop box, the paper courtesy copies must be included with the original document to be filed. If e-filing, when a hearing will occur within 14 days of the filing date, the paper courtesy copies must be hand-delivered to the assigned department within one business day of filing. When the hearing is set more than 14 days out, the paper courtesy copies may be mailed to the assigned department within one business day of filing. CEQA Cases If the petition asserts a claim under the California Environmental Quality Act (“CEQA”) (Public Resources Code section 21000, et seq.), “CEQA Case” must be stated on the caption page. Filings must also comply with California Rules of Court (“CRC”) rule 3.2200, et seq. If the CEQA claim qualifies as a “streamlined CEQA project” as defined by CRC rule 3.2220, the petitioner must: (1) include on the caption page, “STREAMLINED CEQA PROJECT” and a reference to the applicable statutory provision; (2) immediately deliver courtesy copies of the petition and any other case filings to the assigned department; and (3) contact the department clerk regarding scheduling a case management conference as required by Local Rule 1.27(C). Motions Motions concerning the pleadings or other preliminary matters may generally be brought in writ proceedings. These motions include demurrers, motions to change venue, motions to strike, and discovery motions (depending on the underlying statutory basis for the writ petition). Because these types of motions address issues distinct from the merits of the petition, they should be calendared before the merits hearing. The Court, however, may exercise its discretion to postpone such a motion, when it is efficient to do so, to the merits hearing. Motions for summary judgment or summary adjudication are disfavored in writ proceedings. The claims raised in a writ petition can just as expeditiously be resolved by a hearing on the merits of the petition, which is typically limited to oral argument on written briefs and documentary evidence. If a party nonetheless wishes to file a motion for summary judgment or summary adjudication, the party must first schedule a case management conference to show why the issues could not be resolved just as efficiently at the merits hearing. Even if the motion is allowed, the Court may direct that it be calendared at the same time as the hearing on the merits. Scheduling a Hearing The assigned writ department will usually hear writ matters on the same day and times each week. To schedule a hearing, ask the department clerk what dates and times are available on the department's calendar, and confer with the other parties as to their availability on those dates and times. Then reserve the hearing with the clerk. Please ask the clerk whether email or telephone communications are preferred for scheduling matters. File a notice of hearing on the writ petition or motion specifying the reserved hearing date and time. Serve the notice of hearing on every other party no later than the time allowed for filing and serving the opening brief or motion. The notice must be filed and served in compliance with all applicable rules including CCP section 1005 [type of motion and timing], CRC rule 3.1300 [timing], rule 3.1110 [formatting], rule 3.1320 [demurrers], and rule 3.1322 [motions to strike]. The notice must also contain the tentative ruling advisement set forth in Local Rule 1.06(D). The applicable page limitations and filings deadlines are set forth below: • Hearings on the Merits of the Petition: Memorandum: Page Limit: Filing Deadline: Opening brief 30 pages Due 45 days before hearing Opposition brief 30 pages Due 25 days before hearing Reply brief 20 pages Due 15 days before hearing • Hearings on a Motion (per CCP section 1005): Memorandum: Page Limit: Filing Deadline: Opening brief 15 pages Due 16 court days before hearing Opposition brief 15 pages Due 9 court days before hearing Reply brief 10 pages Due 5 court days before hearing The page limits for motions are set forth in CRC rule 3.1113. The applicable deadlines will change depending on how service is effected. Ex Parte Applications for a Temporary Stay 1. Notify the department clerk of your intention to file an ex parte application for a temporary stay. The clerk will either provide you with an available hearing date and time or will direct you to file your application and supporting documents so the Court can first review it to determine whether a hearing is needed. The Court will not consider an ex parte application or issue a stay until all respondents and real parties in interest have been properly served with the petition and accompanying documents. 2. Specify “Ex Parte” in the title of the application. In administrative mandate proceedings, specify in the caption whether the temporary stay order of the challenged administrative decision is being requested pursuant to subdivision (g) or (h) of CCP section 1094.5. In traditional mandate proceedings, follow the applicable provisions for obtaining a temporary restraining order (“TRO”), an order to show cause why a preliminary injunction should not be issued (“OSC”), or a preliminary injunction, in CCP section 525, et seq. and CRC rule 3.1150. 3. File the application, memorandum of points and authorities, declarations with any supporting documents, and proposed stay order as provided under CRC rules 3.1201 and 3.1202, a declaration regarding notice as specified in CRC rule 3.1204, and a notice of hearing on the application with blank spaces for the date and time. 4. Serve the documents on the other parties immediately upon filing or, if not possible, at the first reasonable opportunity as directed by CRC rule 3.1206. Immediately notify the other parties of the hearing (if one has been set) as required by rule 3.1203. Include the details of this notification in the declaration regarding notice prepared pursuant to CRC rule 3.1204. The Court prefers at least 48 hours’ notice but, upon a sufficient showing of urgency, will accept less notice. In administrative mandate proceedings, CCP section 1094.5, subdivisions (g) and (h) specify the manner of service and require that proof of service of a copy of the application on the respondent accompany the stay application. 5. Parties must email a copy and hand-deliver two copies of all ex parte documents to the assigned department within one court day of filing. In traditional mandate proceedings, if no TRO or OSC is sought, notice a preliminary injunction motion using the general procedures for noticing a motion prior to the merits hearing. At the ex parte hearing, depending on the issues and exigencies presented, the Court will either rule on the stay application or issue an OSC with or without a temporary stay pending the hearing on the OSC at a later date and time. If the Court denies the stay application, the petitioner may ask to schedule a hearing on the merits of the petition. Continuances A hearing may only be continued with the Court’s approval. The requesting party must advise the department clerk of the continuance request as far in advance of the scheduled hearing as possible, and inquire about available hearing dates and times. The requesting party must confer with the other parties as to the available dates and times, and whether they will agree to the continuance. If all parties agree, the requesting party may file a stipulation signed by all parties with the new hearing date and time. If a party opposes the continuance, the requesting party must file a motion. Stipulations and motions must state the reasons for the request, and include a proposed order with the new hearing date and time, as well as new briefing deadlines if needed. Lodging an Administrative Record in Proceedings Under CCP section 1094.5 1. Two copies of any administrative record must be lodged with the assigned department between 25–45 days before the merits hearing. If the record is not lodged in this time frame, the Court may take the merits hearing off calendar. It is generally the petitioner’s responsibility to ensure the administrative record is timely lodged with the Court. 2. When securing a date and time for a hearing on the merits of the petition, advise the department clerk of the size of the administrative record. Refer to the assigned department’s protocols to determine whether to lodge a hard copy of the record and/or an electronic copy. If submitting a hard copy, determine the department's preferences as to the binding and container for the record. An electronic copy of the record must be: (i) created in portable document format (pdf) or other format for which software is widely available; (ii) divided into a series of electronic files (as appropriate) with electronic bookmarks identifying each part of the record and include the volume and page numbers; (iii) capable of full text searching; and (iv) contained on a USB flash drive or CD-ROM, labeled with the case name and number. Parties should consult with the clerk if they are unable to comply with these requirements. 3. Prepare a cover sheet titled “Administrative Record” with the case name and number, and the date and time of the hearing. If lodging the record in an electronic format, tape the flash drive or disc to the cover sheet. If lodging a paper record, affix the coversheet to any box, binder, or other container containing the record. 4. Once the record has been lodged with the department, file and serve a “Notice of Lodging of the Administrative Record” stating: (1) the method and date of delivery; (2) the format of the record; and (3) the number of copies delivered. At the conclusion of the proceeding, the clerk will notify the lodging party to retrieve the record. If the party fails to do so, the record will be disposed of pursuant to CCP section 1952, et seq. The Hearing on the Merits All hearings on writ petitions proceed by way of oral argument. Evidence is typically limited to the administrative record, if one exists. Witness testimony is not typically allowed. Any party wishing to present oral testimony must first obtain permission pursuant to CRC rule 3.1306. Tentative Rulings Except for ex parte applications, a tentative ruling system is used as set forth in Local Rule 1.06. Each department generally posts a tentative ruling on the Court’s website no later than 2 p.m. on the court day before the hearing. The parties must confirm the assigned department’s tentative ruling procedure with the department clerk. A party desiring to be heard must contact the clerk and request oral argument by 4 p.m. or the time designated in the tentative ruling. When requesting oral argument, the party must advise the clerk that all other parties have been notified. If a hearing is not requested in the designated time frame, the hearing will be vacated and the tentative ruling will become the final ruling. The assigned department may at times notify the parties that it will not issue a tentative ruling and will direct the parties to appear at the hearing. All notices of motions or hearings shall include the following information in the notice: “Pursuant to Local Rule 1.06 (A), the Court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the Court’s website. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the Court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.” Appearing at the Hearing Generally, parties may appear at the hearing either in person or by Zoom video conference. Parties should check with the department clerk as to the Court’s preference regarding in-person appearances. Each department’s Zoom link is included in the Notice of Case Assignment. Parties wishing to appear by Zoom must comply with CRC rule 3.672. The Court may state in its tentative ruling that in-person appearances are required if a hearing is requested. Preparing a Judgment and Writ of Mandate If the petition is denied, the party designated by the Court shall, pursuant to CRC rule 3.1312, serve on all parties and submit to the Court a judgment denying the petition. If the Court grants the writ petition, the Court will designate a party to do the following: 1. Pursuant to CRC rule 3.1312, serve on all parties, and submit to the Court the writ of mandate and the judgment granting the petition. The writ must include a signature block for the clerk, not the judge. The clerk will issue the writ for the petitioner to serve upon the other parties after paying the issuance fee at the Civil Filing Counters. The judgment, when approved, will be signed by the Court. 2. Once the writ and judgment have issued, serve a copy of them on the parties in the same manner as summons in a civil case. (CCP sections 1073, 1096.) 3. Return the original writ with a proof of service to the department for filing. File and serve a notice of entry of judgment pursuant to CCP section 664.5(a). Dismissing a Writ Petition Promptly notify the assigned department pursuant to CRC rule 3.1385 when a writ proceeding is settled or otherwise disposed of. File a dismissal of the writ proceeding in the assigned department within 45 days of the settlement pursuant to rule 3.1385(b) or of the date specified in the notice of conditional settlement pursuant to rule 3.1385(c). Alternative Writs The alternative writ process is disfavored. The process is usually cumbersome and does not accomplish anything other than setting the matter for a merits hearing, which can be done using the procedures explained above. The alternative writ does not, in and of itself, accomplish a stay or afford affirmative relief. If a petitioner, nonetheless, believes an alternative writ will be useful, the petitioner must first schedule a case management conference to demonstrate the potential utility of the alternative writ. Incarcerated, Self-Represented Litigants The following modified procedures are provided for self-represented, incarcerated litigants who are not able to access the Court’s e-filing or tentative ruling systems or call the department clerk. • Reserving a Hearing Date To schedule a hearing, an incarcerated litigant may file a document with the assigned department titled “Ex Parte Request for Hearing Date,” specifying the type of hearing requested (e.g., merits of the petition or ex parte stay request), a requested date range, and whether the litigant has inquired of the other parties about their availability on the requested dates. The request must be properly served on the other parties. Once filed, the Court will issue a minute order notifying the parties of the reserved hearing date. • Modified Tentative Ruling Procedure The Court’s tentative ruling procedure for matters involving incarcerated individuals varies by department. However, in all writ departments, the Court will issue an Order to Produce the incarcerated litigant via Zoom to the institution where they reside to ensure their appearance at the hearing. The Court will also issue a tentative ruling and send it to the incarcerated litigant prior to the hearing. Because it may take more than a day for the litigant to receive the tentative ruling, the department may reschedule the hearing to a later date to allow the litigant to receive the tentative ruling before the hearing. If the department is able to issue the tentative ruling early enough for the litigant to receive it before the hearing, the hearing may proceed as scheduled. Appearances are required at the hearing so it is unnecessary to request oral argument. The parties are to consult the assigned department’s protocols for any further procedures for hearings involving incarcerated, self-represented litigants. Election Writs The Court has adopted specific requirements for priority election matters, which are set forth in Local Rule 2.27. Because not every writ involving an election qualifies as a priority election matter, the petitioner must review the applicable statutes to determine if their writ qualifies. The Court will not hear such a matter until proof of service has been filed demonstrating proper service on all parties. Priority election matters must be served in the same manner as general petitions for writ of mandate. Courtesy copies of all filings in priority election matters must be emailed to the clerk of the assigned department on the same day the document is filed. Failure to comply with these requirements may delay the Court’s ability to hear the matter by the expedited statutory deadline. Housing Development Decision Writs The Court has adopted specific requirements for all priority housing development decision matters, which are set forth in Local Rule 2.28. The Court will not hear such a matter until proof of service has been filed demonstrating proper service on all parties. Such priority matters must be served in the same manner as general petitions for writ of mandate. Courtesy copies of all filings in priority housing development decision matters must be emailed to the clerk of the assigned department on the same day the document is filed. Failure to comply with these requirements may delay the Court’s ability to hear the matter by the expedited statutory deadline.
WRIT OF MANDATE GUIDE FOR SACRAMENTO COUNTY SUPERIOR COURT Introduction This guide is offered pursuant to Local Rule 2.26 to explain the procedures for litigating petitions for writ of mandate in Sacramento County Superior Court. Parties are required to adhere to the procedures in this guide, as well as the applicable Local Rules, and the assigned department’s written protocols, which are availabl
Reviewer note: Composed 2026-10-02 (California T3 Sacramento build 2026-10-02) from BenchPath custody ca/t3/ca-sacramento/site-docs/1212_Writ_of_Mandate_Guide.pdf (240714 bytes, sha256 02bb06fed1d539e4f7b61b629ffc408f4e1a7d2f4044573b9241b65e87ee0c15; 9 pages) with the shared verbatim composer (v2 reflow): page marks and running footers removed as chrome; lines reflowed into the document's paragraphs; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented fixes (whitespace-only or same-character reorders; the proofs hold): the title's two lines set as one; two hyphenated words and a rule cross-reference rejoined; the two tables of page limits and deadlines set one row per line.
6 verbatim requirements on divisional requirements in GIUSEPPINA MIRANDA's division.
4 verbatim requirements on divisional requirements in HILARY CREARY's division.
2 verbatim requirements on divisional requirements in NATASHA DEPRIMO's division.