California Gov. Code § 11523 governs the time to seek judicial review of a variety of administrative decisions. (See, e.g., Fair Employment and Housing Com’n v. Superior Court (2004) 115 Cal.App.4th 629.) Section 11523 provides that a petition for a writ of mandate shall be filed within 30 days after the last day on which reconsideration can be ordered. California Gov. Code § 11521, subd. (a), in turn, provides that “[t]he power to order a reconsideration shall expire 30 days after the delivery or mailing of a decision to a respondent, or on the date set by the agency itself as the effective date of the decision if that date occurs prior to the expiration of the 30–day period or at the termination of a stay of not to exceed 30 days which the agency may grant for the purpose of filing an application for reconsideration.”

Thus, in most cases, a Petitioner only has thirty days or a little more to file the Petition for Writ of Mandate after receiving the administrative agency’s decision. It can be very difficult to meet this deadline, especially for pro se litigants or litigants whose existing counsel do not handle writs and appeals.

And rarely will the Administrative Record be ready in a short 30-day period. However, if you are forced to file a Petition for Writ of Mandate in 30 days, you should file a supporting memorandum of points and authorities and clearly inform the Court, such as in a declaration, that you have requested the Administrative Record. The Court will ordinarily schedule a status conference at which it will inquire on the status of the preparation of the Administrative Record and at which it may also set a briefing schedule.

Fortunately, a Petitioner can greatly extend his or her time to file a Petition for Writ of Mandate. California Gov. Code § 11523 provides that by making a request to the administrative agency to prepare all or any part of the administrative record within 10 days after the last day on which reconsideration can be ordered, the time within which a petition may be filed shall be extended until 30 days after its delivery to him or her.

Accordingly, if you keep a close watch on the last day on which reconsideration can be ordered (Cal. Gov. Code § 11521, subd. (a)), and then make a request to the administrative agency for preparation of all or any part of the administrative record within ten days, you could potentially extend your time to file the Petition for Writ of Mandate by many months. This is because it usually takes a long time for an administrative agency to prepare the record. Exercise caution and use certified mail for your correspondence with the administrative agency.

Disclaimer: The above article is general, does not contain legal advice, and does not necessarily apply in your individual case.