If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and a peremptory mandate must also be awarded without delay. Damages and costs may be enforced in the manner provided for money judgments generally. In all cases where the respondent is an officer of a public entity, all damages and costs, or either, which may be recovered or awarded, shall be recovered and awarded against the public entity represented by the officer, and not against the officer so appearing in the proceeding, and are a proper claim against the public entity for which the officer appeared and shall be paid as other claims against the public entity are paid; but in all such cases, the court shall first determine that the officer appeared and made defense in the proceeding in good faith. For the purpose of this section, "public entity" includes the state, a county, city, district or other public agency or public corporation. For the purpose of this section, "officer" includes officer, agent or employee.
§ 1095.Recovery of Damages and Costs
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1983 · Last verified July 29, 2026
In one sentenceSection 1095 lets a successful mandate applicant recover damages sustained, as found by a jury or determined by the court or a referee, along with costs, and requires that any damages or costs awarded against a public officer instead be recovered against the public entity the officer represents, so long as the officer defended the proceeding in good faith.
Full Text of § 1095
Plain-English Summary
Winning a mandate case can mean more than getting the peremptory writ. Section 1095 lets the applicant also recover damages sustained because of the respondent's wrongful refusal — damages a jury finds under § 1090's procedure, or that the court or a referee determines on a reference. Costs come along with that award, and the peremptory writ itself must still issue without delay regardless.
Enforcement follows the ordinary path for money judgments generally, so a successful applicant isn't left with a paper award and no way to collect. The section then addresses who pays when the respondent is a public officer: damages and costs get recovered against the public entity the officer represents, not against the officer personally, as long as the court first finds the officer appeared and defended the proceeding in good faith. The statute defines "public entity" broadly — the state, a county, city, district, or other public agency or corporation — and defines "officer" to include officers, agents, and employees alike.
Frequently Asked Questions
Can a successful mandate petitioner recover damages, not just the writ itself?
Yes. Section 1095 lets the applicant recover damages sustained, as found by a jury or determined by the court or a referee, along with costs.
Who pays when a public officer loses a mandate case?
The public entity the officer represents, not the officer personally, provided the court finds the officer defended the proceeding in good faith.
How broadly does this section define 'public entity' and 'officer'?
"Public entity" includes the state, a county, city, district, or other public agency or corporation. "Officer" includes an officer, agent, or employee.
How are damages and costs under this section enforced?
In the same manner provided for money judgments generally.
Amendment History
Amended by Stats. 1982, Ch. 497, Sec. 73. Operative July 1, 1983, by Sec. 185 of Ch. 497.
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: damages writ of mandate californiarecovering costs writ of mandate against public officer