I recently was denied for disability retirement, I was told to file for petition for reconsidration, they denied the motion. So, can I now file a writ of mandate? The agency that i'm dealing with is the california public retirement system??
Answer
The time frame for filing a petition for writ of mandate varies from 30 days to 90 with a longer time frame in exceptional situations. I recommend reviewing the CEB publication on Administrative Mandamus and the CEB publication on Civil Writs. Many authors recommend alternatively requesting relief for typical wit of mandate relief (California Code of Civil Procedure [CCP] section 1058) and relief pursuant to administrative mandamus (CCP section 1094.5). Unless you are aware of the time to file assume the shortest time frame. Remember this writ application should be filed in the Superior Court. You will be required to pay a filing fee unless you qualify for a fee waiver. Depending on the type of issue involved you must submit a record of the administrative record with your writ petition. This is another cost item.
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