I find considerable merit in Judge Gilbert’s criticism of the rule that issuance of the alternative writ constitutes a determination of the inadequacy of available legal remedies, and I agree that the rule should be reconsidered. The peculiar procedural history of this case, however, makes it in my view a less than ideal vehicle for that purpose. I *458therefore concur in the judgment, subject to the reservations I expressed in the “companion” case, State Personnel Bd. v. Fair Employment & Housing Com. (1985) ante, page 422 [217 Cal.Rptr. 16, 703 P.2d 354].