If a peremptory mandate has been issued and directed to an inferior tribunal, corporation, board, or person, and it appears to the court that a member of the tribunal, corporation, or board, or the person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
§ 1097.Refusal Or Neglect to Obey Peremptory Mandate
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 2017 · Last verified July 29, 2026
In one sentenceSection 1097 lets the court fine, up to one thousand dollars, any member of a respondent tribunal, corporation, or board, or any person personally served with a peremptory writ, who refuses or neglects without just excuse to obey it, and allows imprisonment for persistent refusal along with any other orders necessary to enforce the writ.
Full Text of § 1097
Plain-English Summary
A peremptory writ isn't a request — this section gives it teeth. If a member of the respondent tribunal, corporation, or board, or a person personally served with the writ, refuses or neglects to obey it without just excuse, the court may, on motion, impose a fine of up to one thousand dollars.
For someone who keeps refusing to comply, the consequences escalate. The court can order that person imprisoned until the writ is obeyed, and beyond the fine and imprisonment, the court may make whatever other orders are necessary and proper to see that the writ is fully enforced.
Frequently Asked Questions
What happens if someone refuses to obey a peremptory writ of mandate?
The court may, on motion, impose a fine of up to one thousand dollars against a member of the respondent tribunal, corporation, or board, or against a person personally served with the writ, absent just excuse.
Can someone be jailed for refusing to comply?
Yes. Section 1097 allows the court to order imprisonment until the writ is obeyed if the refusal persists.
Is the court limited to just a fine or imprisonment?
No. The court may also make any other orders necessary and proper for the complete enforcement of the writ.
Amendment History
Amended by Stats 2016 ch 86 (SB 1171),s 40, eff. 1/1/2017.
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: enforcement of writ of mandate californiacontempt for refusing to obey writ of mandate