On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served may make a return by demurrer, verified answer or both. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. Nothing in this section affects rules of the Judicial Council governing original writ proceedings in reviewing courts.
§ 1089.Return By Demurrer, Verified Answer Or Both
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1971 · Last verified July 29, 2026
In one sentenceSection 1089 lets the party served with a writ of mandate or notice of application respond by demurrer, by verified answer, or by both, on the date set for return or as Judicial Council rules provide, and lets the court allow a later answer when the return is by demurrer alone.
Full Text of § 1089
Plain-English Summary
Once the writ or notice has been served, the respondent needs a way to respond, and this section supplies it. On the return date — whether that's the date set for the alternative writ's return, the date the application itself is noticed for hearing, or whatever date Judicial Council rules establish — the respondent may make a return by demurrer, by verified answer, or by filing both.
If the respondent files only a demurrer, the court isn't required to force an all-or-nothing outcome right then. It may allow the respondent to file an answer within whatever time the court designates, giving the case a chance to proceed on the merits even after a demurrer.
The section closes by preserving Judicial Council authority over original writ proceedings in the reviewing courts — nothing here overrides those separate rules for mandate petitions filed directly in the Court of Appeal or Supreme Court.
Frequently Asked Questions
How does a respondent answer a writ of mandate?
By demurrer, by verified answer, or by both, filed on the return date for the writ or the noticed hearing date for the application.
What happens if the respondent only files a demurrer?
The court may allow the respondent to file an answer within a time the court sets, rather than treating the demurrer as the final word.
Does this section override the rules for writ proceedings filed directly in the Court of Appeal?
No. Section 1089 expressly preserves Judicial Council rules governing original writ proceedings in the reviewing courts.
Amendment History
Amended 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 mandate californiaanswering a writ of mandate petition