How do a writ of mandate differ from a motion to leave

Your question cannot be answered because it is ambiguous. There is no such thing as a "Motion to Leave"; you probably mean a Motion for Leave, but...

Can a member of a law corporation in California represent the firm against a former client or must it hire an outside lawyer?

Mr. Ilman is correct. Because you are suing your former attorney, the rule against taking an adverse position against a client no longer exists as...

An appellate Petition for Writ of Mandate is a proceeding reserved for pre-judgment orders that are not yet ripe for an appeal and/or which, by...

What is the procedure (forms, deadlines) to get a recusal of a family court commissioner (not judge)? in Alameda County?

If you stipulated to the commissioner and he/she has already heard evidence or argument, you cannot recuse; it is too late. A recusal has nothing...

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What kind of lawyer would one need to retain if being sued for negligence? (home daycare) (civil suit)

If you have insurance for your business, you should tender the claim to the insurance carrier, who may defend the case for you and cover losses up...

Can I be sued for defamation, libel or slander?

In reading over the responses and comments to the responses to your post, I suspect that you are more confused than ever given the range of...

What can I do to appeal after the law and motion pre-trial made admissions to admit deemed true about me without answer

Ms. Finch's answer is sound. I would add that an order deeming admissions to be true as a sanction is not an "appealable" order. You can file a...

What is the burden of proof for an attorney who is required to attend a fee arbitration? What criteria must be presented?

From my perspective as an appellate lawyers (one of whose main services to clients is to conduct legal research on their situation), it is not the...

What would be "to show good cause" for defendant to file an appeal in smalls court?

A losing defendant does not need "good cause" to appeal a small claims action, because the "appeal" is a trial de novo (that is, a whole new trial...

I was about to file a writ of mandate with court of appeals for a trial court's denial of a motion to compel...

I agree with Ms. McCall, but add one more wrinkle: the time limit for filing a motion for reconsideration is only 10 days after service of notice...