Hysell

DISCUSSION

A party may seek a writ of mandate to “compel the performance of an act which the law specially enjoins, as a duty” or to compel “the use and enjoyment of a right … from which the party is unlawfully precluded.” (Code Civ. Proc., § 1085, subd. (a).) However, the petitioner must show that the respondent has a present duty to perform the act the petitioner seeks to compel. Mandate will not lie to compel the performance of future acts. (Treber v. Superior Court (1968) 68 Cal.2d 128, 134.) Accordingly, disputes that the parties anticipate may arise but that do not presently exist will not support a mandate claim. (Stonehouse Homes LLC v. City of Sierra Madre (2008) 167 Cal.App.4th 531, 542.) The duty of the court is to decide actual controversies by a judgment that can be carried into effect. The court does not give opinions on moot questions or abstract propositions. (In re Miranda (2011) 191 Cal.App.4th 757, 762.) Here, appellant’s petition did not seek the delivery of a specific package or processing of a particular administrative appeal. Rather, appellant sought an order regarding future package deliveries and future administrative appeals. Mandate will not issue to…