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1 tribunal, corporation, board, or <br /> P person, to compel the <br /> 2 performance of an act which the law specially enjoins, <br /> as a duty resulting from an office, trust, or station; <br /> 3 or to compel the admission of a party to the use and <br /> enjoyment of a right or office to which he is entitled, <br /> 4 and from which he is unlawfully precluded by. such <br /> inferior tribunal, corporation, board or person. <br /> 5 <br /> Code of Civil Procedure Section 1085 . <br /> 6 The writ must be issued, in all cases where there <br /> 7 is not a plain, speedy, and adequate remedy, in <br /> the ordinary course of law. It must be issued <br /> 8 upon the verified petition of the party beneficially <br /> interested. <br /> 9 <br /> Code of Civil Procedure Section 1086. <br /> 10 <br /> II . <br /> 11 FACTUAL BACKGROUND <br /> 12 Petitioners JOE Y. SAUNDERS and CHARLOTTE MADURA are <br /> 13 residential property owners within the subdivision known as <br /> 14 TENNIS VISTA, City of Tracy, County of San Joaquin, State of <br /> 15 <br /> California . Tennis Vista was developed and individual <br /> 16 residential property was sold to the <br /> p p y petitioners by respondent <br /> 17 RENOWN ENTERPRISES. RENOWN completed building its subdivision in <br /> 18 early 1986. The Tennis Vista subdivision was a former locomotive <br /> 19 oil storage reservoir , respondent TEXACO OIL is a successor owner <br /> 20 to the former owners to ASSOCIATED PIPELINE. <br /> 21 Within Tennis Vista is an undeveloped land parcel , at the <br /> 22 corner of Tracy Boulevard and Beechnut Avenue, City of Tracy, <br /> 23 County of San Joaquin, State of California. This corner lot has <br /> 24 become a public and continuing nuisance to the <br /> petitioners as a <br /> 25 result of the respondents ' conduct . Such conduct involves <br /> 26 excavation almost two years ago, begun in January, 1986, which <br /> 27 left huge mounds of contaminated soil upon the surface polluting <br /> 28 the surroundingTrac area, including the residential <br /> Y g property of <br /> 2 <br />