If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argument of the case. If a petition for a writ of mandate filed pursuant to Section 1088.5 presents no triable issue of fact or is based solely on an administrative record, the matter may be determined by the court by noticed motion of any party for a judgment on the peremptory writ.
§ 1094.Case Heard On Papers of Applicant If No Return Made; Case Determined By Notice Motion
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1982 · Last verified July 29, 2026
In one sentenceSection 1094 lets the court hear a mandate case on the applicant's papers alone when no return is filed, proceed to argument when the return only raises legal issues or immaterial factual disputes, and, for § 1088.5 petitions presenting no triable fact issue or resting solely on an administrative record, resolve the matter by noticed motion for judgment on the peremptory writ.
Full Text of § 1094
Plain-English Summary
This section covers three different postures a mandate case can reach once returns are due. If the respondent files no return at all, the court can hear the case on the papers the applicant already submitted. If a return is filed but raises only questions of law, or disputes facts that don't affect the parties' substantial rights, the court proceeds straight to hearing or scheduling argument, without a separate factual trial.
The third path applies specifically to petitions filed under § 1088.5's streamlined procedure. When such a petition presents no triable issue of fact, or rests solely on an administrative record, any party can bring the matter to a close through a noticed motion asking the court to enter judgment on the peremptory writ. That mechanism lets record-based cases — including many administrative mandamus petitions under § 1094.5 — move to judgment efficiently, without the formality of a separate trial when there's really nothing left to try.
Frequently Asked Questions
What happens if the respondent never files a return?
The court may hear the mandate case on the papers the applicant has already filed.
Does every factual dispute in a return require a trial?
No. If the return raises only questions of law, or factual disputes that don't affect the parties' substantial rights, the court proceeds directly to argument.
How are administrative mandamus petitions typically resolved when there's no real factual dispute?
Through a noticed motion for judgment on the peremptory writ, available under § 1094 when a § 1088.5 petition presents no triable issue of fact or rests solely on an administrative record.
Amendment History
Amended by Stats. 1982, Ch. 193, Sec. 3. Effective May 5, 1982.
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: motion for judgment on peremptory writ californiano triable issue of fact writ of mandate