Summary
In California, pursuing a writ of mandate against a private university requires exhausting all administrative remedies. Addressing specific issues like Good Standing in your initial appeal is crucial. If not explicitly stated, you may face challenges, but implicit references in your record and transcript might help. Consider amending your writ to address these issues and research similar cases for precedent. Consult with a legal expert to strengthen your response and improve your chances of success.Full Conversation
I am pursuing a writ of mandate against Pomona College a private uni to correct an error on my permanent transcript
Hi ****! To help you further, could you tell me if you have already filed the writ of mandate?
Yes
Great, ****! Since you've already filed the writ of mandate, you might be looking for guidance on the next steps.
- Have you received any response from the court or Pomona College yet?
Yes, pomona filed a demurrer to my petition on the grounds that I failed to exhaust administrative remedies by not arguing explicitly "Good Standing " in my initial written appeal
Case Rating: *
****, it sounds like you're dealing with a complex issue regarding the demurrer filed by Pomona College. Here are a few points to consider:
- In Oregon, courts often require that all administrative remedies be exhausted before pursuing a writ of mandate.
- Addressing the specific grounds of "Good Standing" in your initial appeal might be crucial.
Would you like more detailed guidance on responding to the demurrer?
This is California. Yes, i would like more detailed guidance.
Case Rating: *
****, this seems like a high-value case. Would you like to be connected to local lawyers who can better assist you with your case?
Not right now
Case Rating: *
****, in your situation, consider these points for responding to the demurrer:
- Review the college’s administrative procedures and whether you indeed exhausted all remedies.
- Amend your writ to address the "Good Standing" issue explicitly if possible.
- Research similar cases for precedent.
Keep these steps in mind, and if you change your mind about connecting with a lawyer, feel free to reach out.
I brought up my record and transcript but i didnt explicity state "Good Standing". Could i still be barred from this argument?
Case Rating: *
****, you might still face challenges if you didn't explicitly state "Good Standing." However, bringing up your record and transcript might help if they imply your good standing. Consider the following steps:
- Examine your initial appeal for any implicit references to your "Good Standing."
- Prepare a strong argument clarifying how your record and transcript indicate your good standing.
- Consult with a legal expert to strengthen your response further.
Would you like more specific strategies on framing your argument?
I wanted to know your opinion of the probability of winning on these grounds.
Case Rating: *
****, your chance of winning may depend on several factors:
- Whether your initial appeal implicitly addressed your "Good Standing."
- How well you frame your argument to demonstrate that your record and transcript imply you were in good standing.
- The strength of any legal precedents you can cite.
Would you like more specific strategies on framing your argument?