Does the answer to a petition for writ of mandate constitute no defense to the action?

California, United States of America


The following excerpt is from Knoff v. City etc. of San Francisco, 1 Cal.App.3d 184, 81 Cal.Rptr. 683 (Cal. App. 1969):

The trial court determined in the judgment that appellants' answer to the petition for writ of mandate (i.e., the answer filed thereto by the City [1 Cal.App.3d 200] and County and its respective boards) 'raised only questions of law, or put in issue immaterial statements not affecting the substantial rights of the parties or the gravamen * * * (of the action) * * *' Although we have not summarized the pleadings because of their length, we state here that we agree with this determination. The answer therefore stated no defense to the action; hence the trial court properly entered judgment on the pleadings. (See MacIsaac v. Pozzo (1945) 26 Cal.2d 809, 812--813, 161 P.2d 449)

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