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Administrative law

If a county counselor has their demur over-ruled in a petition for writ of mandamus which the county is the respondent; do they actually try the exact same demur with a similar case? Why?

In a petition for a writ of mandamus against a local housing authority, the attorney filed a demur saying that the petitioner lacks jurisdiction basically saying it's a federal program, so what if it is administered by a local agency. Well they were overruled because well they were full of BS. Now a second petition has been filed with almost identical circumstances and they have sent out the exact same demur that they were over-ruled on. I am the third similar type petition and I am awaiting their response which will most likely be that same demur. I'm representing myself and I was just wondering if in the event that I receive that same demur saying I lack jurisdiction, could I respond in opposition to it by mentioning how they have been over-ruled on this issue as recently as a month prior?

It just seems like a lazy tactic by the county counselor to further delay the actual hearing on the writ, and why not, it does hurt them to stall and delay...They also pulled this BS with the two previous cases and I guess I should expect the same, but they file their response with the court and then wait until almost 30 days go by before serving the petitioner the response barely leaving anytime before the hearing on the demur takes place. Is that just typical attorney antics or are they acting unethically?

Thanks for any clarity on this, in advance.

Asked in CA May 19, 2022

# 1,385
Help, my jindo dog escaped from my property in the last 10 days and I can't catch him. Animal control has been in twice and they too could not catch him. My jindo is very sweet but once he gets out its difficult to catch him. In the last 5 years I owned him he escaped a couple of times at least once in every 2 years but now I'm very sad because animal control won't let me keep him anymore they sent me a trap for him and if I catch him they said I have to surrender him to them and that if I don't give up the dog they will cite me. I love my dog so much and he was an abused dog. I have been loosing sleep just trying to catch him when I get home from work. I promised them I will get a remote control collar and and electronic fence barking collar and kennle but still they said I cannot keep him. Please help. I haven't been cited yet..they said if I give up the dog I will not be cited but I am afraid they will put him to sleep. I spent a lot of money taking care of his meds and now only to go through this and give him up. He still has hope I have never been cited before and dont really understand what it means..I'm in CA. We respect the animal control officers and are embarassed of the nuisance our dog has caused our neighbors...but we feel we need one last chance at least. Please advise. I don't have kids and my jindo is like my kid. I would be greatful for your guidance. Thank you! ( my dog has not hurt any body it just barked when people pass by because he would sit in front of my house and also the ones that walk their dogs.) now I realize its a nuisance but would they put him to sleep because of that?
Asked in CA May 19, 2022

# 1,399

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