Laserfiche WebLink
B. <br /> 2 A WRIT OF MANDATE MAY PROPERLY BE ISSUED <br /> 3 BECAUSE PETITIONER'S REMEDY AT LAW <br /> IS INADEQUATE SINCE THE PUBLIC <br /> 4 INTEREST REQUIRES A PROMPT <br /> RESOLUTION OF THE SUBJECT OF <br /> 5 THE PETITION. <br /> 6 Inadequate Remedy Requirement. One requirement for the <br /> 7 issuance of a writ of mandate is that there is not a plain, <br /> 8 speedy, and adequate remedy in the ordinary course of the law <br /> 9 (CCP Section 1086) . <br /> 10 Public Interest Requires Prompt Resolution. Where the <br /> 11 issue presented by the petition for a writ of mandate is a matter <br /> 12 of public interest , the public welfare requires a prompt <br /> 13 resolution of the issue. <br /> 14 Extraordinary relief in the nature of mandamus is a <br /> 15 roper remedy where the issues are of great public importance and <br /> 16 must be resolved promptly. (County of Sacramento v. Hickman <br /> 17 (1967 ) 66 Cal . 2d 841 ( 59 Cal.Rptr . 609, 428 P. 2d 593 ) . ) <br /> 16California League of Senior Citizens, Inc, v. Brian (1973) 35 <br /> 19 Cal .App. 3d 443, 448, 110 Cal. Rptr . 809. <br /> 20 Important public issues are involved (at stake) in the <br /> 21 resent case. The respondent land owners have abandoned their <br /> 22 excavation processes and have left mounds of contaminated soil <br /> 23 lying upon the undeveloped parcel at the corner of Tracy <br /> 24 Boulevard and Beechnut Avenue. These mounds spread contamination <br /> 25 whenever the winds blow in the area. <br /> 26 The mounds have been there since excavation began in <br /> 27January, 1986 , and have been releasing hydrocarbons into the <br /> 28 surrounding air for almost two years . <br /> The cleanup of these mounds and the previously mentioned <br /> 5 <br />