The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested.
§ 1086.Cases In Which Writ Must Issue; Issued Upon Verified Petition of Party Beneficially Interested
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1907 · Last verified July 29, 2026
In one sentenceSection 1086 makes a writ of mandate available only when the petitioner has no plain, speedy, and adequate remedy in the ordinary course of law, and requires that the petition be verified and brought by a party with a beneficial interest in the outcome.
Full Text of § 1086
Plain-English Summary
This short section sets two conditions that run through every mandate case. First, the writ is a remedy of last resort within ordinary civil procedure — it issues only when no plain, speedy, and adequate legal remedy already exists. A petitioner who could get the same relief through an ordinary appeal, a routine motion, or another statutory procedure generally can't use mandate instead.
Second, the petition has to be verified, and it has to come from someone beneficially interested in the outcome — not a stranger to the dispute asserting someone else's rights. Together, these requirements keep mandate focused on situations where the petitioner has a real stake and no better tool for relief.
Frequently Asked Questions
When will a California court issue a writ of mandate?
Only when there's no plain, speedy, and adequate remedy available in the ordinary course of law, and the verified petition comes from a party beneficially interested in the outcome.
Does the petition have to be verified?
Yes. Section 1086 requires the petition to be verified by the party seeking the writ.
Who can file a petition for writ of mandate?
A party who is beneficially interested — someone with a genuine stake in the duty being enforced or the right being protected, not an uninvolved third party.
Amendment History
Amended by Stats. 1907, Ch. 244.
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
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