Snyder

DISCUSSION

Standard of Review “A traditional mandamus is sought to enforce a nondiscretionary duty to act on the part of a court, an administrative agency, or officers of a corporate or administrative agency. [Citations.] There are two requirements essential to issuance of a writ of mandate under Code of Civil Procedure section 1085: (1) the respondent has a clear, present, and usually ministerial duty to act; and (2) the petitioner has a clear, present, and beneficial right to performance of that duty. [Citations.] Mandate will not issue to compel action unless it is shown the duty to do the thing asked for is plain and unmixed with discretionary power or the exercise of judgment. (Hutchinson v. City of Sacramento [(1993)] 17 Cal.App.4th [791,] 796.) Thus, a petition for writ of mandamus under Code of Civil Procedure section 1085 may only be employed to compel the performance of a duty that is purely ministerial in character. [Citation.] In addition, a petitioner is required to show there was no adequate remedy at law available to remedy the resulting harm.” (Unnamed Physician v. Board of Trustees (2001) 93 Cal.App.4th 607, 618.) “The party against whom a complaint has been…