Kriple v. Cal. Horse Racing Bd. CA4/1
Stripped of its somewhat archaic terminology, a writ of mandamus or mandate is simply an order from a court telling someone to do something. And mandate is properly issued when an administrative agency with a duty to act refuses to take any action. But at the same time, it is well settled that a writ of mandate is not appropriate to compel an agency to exercise its discretion differently than it has already chosen to.
In this case, horse trainer Zvi Kriple filed an amended petition for writ of mandate seeking to compel the California Horse Racing Board (CHRB) to ban the use of whips during races and extend an existing prerace ban on administering antiinflammatory medication from 48 hours to 30 days before a race. CHRB is a public entity responsible by statute for adopting “rules and regulations that protect and advance the health, safety, welfare, and aftercare of racehorses.” (Bus. & Prof. Code, § 19440, subd. (a)(1).)
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