The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter.
§ 1069.1.Return By Demurrer Or Answer
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 1. Writ of Review · Enacted 1971 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1069.1 borrows § 1089's rule from the writ of mandate chapter, letting the party who must respond to a writ of review petition do so by demurrer, by verified answer, or by both together.
Full Text of § 1069.1
Plain-English Summary
Rather than write its own return procedure, this chapter borrows one. Section 1069.1 makes § 1089 -- written for the writ of mandate -- apply here too, so a respondent facing a writ of review can answer the petition by demurrer, by verified answer, or by filing both.
A demurrer challenges the petition on legal grounds, without disputing the facts. A verified answer responds to the facts under oath. Letting the respondent use either, or both together, mirrors how a defendant may respond to a complaint in an ordinary civil action.
Frequently Asked Questions
How does a respondent answer a writ of review petition?
By demurrer, by verified answer, or by both, following the same procedure § 1089 sets out for the writ of mandate.
Why does this section point to a rule written for a different writ?
The Legislature chose to reuse the mandate chapter's return procedure rather than duplicate it here, so the two writs share the same response mechanics.
Amendment History
Added by Stats. 1971, Ch. 1475.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: return by demurrer writ of review californiaanswer to petition for writ of review