This case has been cited 1 times or more.
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2004-09-29 |
CORONA, J. |
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| Finally, mandamus will not lie in the absence of any of the following grounds: [a] that the court, officer, board, or person against whom the action is taken, unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from office, trust, or station, or [b] that such court, officer, board or person has unlawfully excluded the petitioner from the use and enjoyment of a right or office to which he is entitled.[12] Mandamus will lie to compel an officer to perform a ministerial duty but not to compel the performance of a discretionary duty requiring the exercise of judgment,[13] as in this case. | |||||