Legal Question in Administrative Law in California

How do you file a writ of mandate for California POBR violations?


Asked on 7/07/10, 9:02 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

GC 3309.5(c) provides that the remedy for a POBR violation is to file a lawsuit in superior court for injunctive relief (not for a writ of administrative mandate). If the action by the public safety agency was "malicious" and "intended to injure" the peace officer, the successful plaintiff would also be entitled to damages, attorney fees, and civil penalties as appropriate.

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Answered on 7/08/10, 12:15 am
Terry A. Nelson Nelson & Lawless

You file "for" a writ or appropriate injunctive relief by preparing all the legal pleadings, including arguing the factual basis for your request, supporting it with Points and Authorities of case law and statutory law, filing and serving it upon all parties, giving notice of the hearing date, responding to the Opposition that may be filed, then conducting the hearing. The same type requirements apply for filing a lawsuit, as is probably your situation. You'd prepare a Complaint alleging all your causes of action, with supporting facts and legal basis, file it, serve it, oppose defense motions, conduct 'discovery', and head to trial or settlement. If you are willing to research the procedures and pleadings requirements, you can do so. If not, most people hire an attorney that knows how. You have only one 'shot' at it, so do it right the first time. If serious about pursuing this, and if your claim has merit and value, feel free to contact me to discuss.

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Answered on 7/08/10, 11:59 am


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