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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1085

Citation
§ 1085
Parent Document
Cardenas v. Noren, 235 Cal. App. 3d 1344 (1991)
Jurisdiction
California (state)
Effective Date
1991-11-08

Full Text

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Mandate lies to compel an officer to perform his ministerial duty. (See 8 Witkin, Cal. Procedure (3d ed. 1985) Extraordinary Writs, § 70, p. 709.) Where the sheriff had a preexisting duty pursuant to the Government Code to return property seized upon an individual’s arrest, issuance of a writ of mandate, ordering the sheriff to perform his duty, was appropriate. (Holt v. Kelly