Administrative agency

Who gets served the summons when the respondent is an administrative agency?

If the case involves petition for writ of administrative mandate and the respondent is the Dept. of Real Estate, does the AG get served the summons of the DRE?

Nathan’s Answer

It sounds like you are pursuing a 1094.5.

Procedures change often with the nearly 50 Boards under the Department of Consumer Affairs. There is no such thing as the Dept. of Real Estate as of July 1, 2013. This is an example of how little things change often.

There is however the Bureau of Real Estate under the DCA. As a result, you can serve the AG or you can serve the Bureau itself. AG's I've been speaking to usually have me serve the Board directly, so the Board is notified and prepped.

ALWAYS check with the AG on how they prefer service on behalf of their client. It is simply a matter of being courteous.

ALWAYS seek advice of CALIFORNIA counsel as administrative mandates in California are their own unique beast.

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