California
Superior Court granted me a wrif of mandate and ordered the Board of a City department to immediately set aside a decision which was the basis for the petition. The immediately part was actually written by the City's attorney as he authored the writ because mine was too broad.
The Board overseas a city department in Los Angeles. By Charter and Admin code, any resolution or motion adopted must be in writing. I know that previousl when served with a writ of mandate, the Board has moved to comply and set aside the decision. In my case, the writ was issued and served in Nov. 08. Neither the Board nor the department have set aside the decision in question. In fact ,the Board secretary, as of Feb 9, had neither informed the Board of the writ nor given them a copy.
This deparment's head likes to make up his own rules and believes he is in charge of the Board although the charter and admin code do not agree.
Now, 3 months later, I am still living under the conditions of the quashed decision which was the revocation of a city issued license. I notified the Board at a public meeting on 2/9 of the writ and the court's ruling. They had not heard. Boardmember has told the dept. head to place the matter of the writ on the next agenda for action to comply with the court's order.
Dept. head says they don't need to take action. Only the Board may undo a decision rendered by them. So, it would appear that city has no intention of formally setting the decision aside or creating a document which would show me that they have complied and my license is re-issued.
Questions:
Is CCP 1097 gone? Is that what parentheses around the code section means in the CCP?
If not CCP 1097, then should I just file a contempt motion? Ex parte, okay? Or does there need to be an OSC hearing?
Thanks.What is the name of your state (only U.S. law)?
Superior Court granted me a wrif of mandate and ordered the Board of a City department to immediately set aside a decision which was the basis for the petition. The immediately part was actually written by the City's attorney as he authored the writ because mine was too broad.
The Board overseas a city department in Los Angeles. By Charter and Admin code, any resolution or motion adopted must be in writing. I know that previousl when served with a writ of mandate, the Board has moved to comply and set aside the decision. In my case, the writ was issued and served in Nov. 08. Neither the Board nor the department have set aside the decision in question. In fact ,the Board secretary, as of Feb 9, had neither informed the Board of the writ nor given them a copy.
This deparment's head likes to make up his own rules and believes he is in charge of the Board although the charter and admin code do not agree.
Now, 3 months later, I am still living under the conditions of the quashed decision which was the revocation of a city issued license. I notified the Board at a public meeting on 2/9 of the writ and the court's ruling. They had not heard. Boardmember has told the dept. head to place the matter of the writ on the next agenda for action to comply with the court's order.
Dept. head says they don't need to take action. Only the Board may undo a decision rendered by them. So, it would appear that city has no intention of formally setting the decision aside or creating a document which would show me that they have complied and my license is re-issued.
Questions:
Is CCP 1097 gone? Is that what parentheses around the code section means in the CCP?
If not CCP 1097, then should I just file a contempt motion? Ex parte, okay? Or does there need to be an OSC hearing?
Thanks.What is the name of your state (only U.S. law)?