What is the current state of the law on the doctrine of administrative mandamus?

California, United States of America


The following excerpt is from Mola Development Corp. v. City of Seal Beach, 57 Cal.App.4th 405, 67 Cal.Rptr.2d 103 (Cal. App. 1997):

The law in this area is well summarized as follows: "A line of recent cases holds that where an administrative tribunal has rendered a quasi-judicial decision which could be challenged by administrative mandamus pursuant to Code of Civil Procedure section 1094.5, a party's failure to pursue that remedy may collaterally estop a federal civil rights action. This 'is a form of res judicata, of giving collateral estoppel effect to the administrative agency's decision, because that decision has achieved finality due to the aggrieved party's failure to pursue the exclusive judicial remedy for reviewing administrative action.' " (McDaniel v. Board of Education (1996) 44 Cal.App.4th 1618, 1621, 52 Cal.Rptr.2d 448.)

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