On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.
§ 1091.Objection to Sufficiency of Return
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 1091 preserves the applicant's right, at trial, to raise any valid objection to the sufficiency of the respondent's return and to rebut it through direct denial or by way of avoidance.
Full Text of § 1091
Plain-English Summary
Filing a return doesn't lock the applicant out of challenging it. Section 1091 confirms that at trial, the applicant can still raise any valid objection to the return's sufficiency — arguing, for instance, that it fails to answer the claims in the petition.
The applicant also isn't limited to attacking the return's form. The applicant may countervail it substantively, either by directly denying the facts the return asserts or by way of avoidance — accepting certain facts while showing other facts that defeat their legal effect.
Frequently Asked Questions
Can the applicant still challenge the return once trial begins?
Yes. Section 1091 preserves the applicant's right to raise any valid objection to the return's sufficiency at trial.
How can the applicant respond to the facts stated in the return?
Either by direct denial of those facts or by way of avoidance — showing additional facts that defeat the return's legal effect.
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: objecting to return writ of mandate california