Ortiz

I concur. My concurrence is bottomed on the posture of this case as a “class action” as certified.

However, I disagree with the statement in the lead opinion that “It appears to this court that there can be no reason for the adoption of [Manual of Policies and Procedures: Operations, section] 22-022.51, except to reduce the number of instances where a hearing would be afforded to welfare recipients prior to effecting the intended change.” This paints a picture of a heartless Director of the State Department of Social Services and those who promulgated section 22-022.51 as totally lacking in compassion with the truly needy. To the contrary I view section 22-022.51 as a good faith effort by the State Department of Social Services, which is a fiduciary of public funds, to get a handle on the waste of public funds through fraud or overpayment to those not legally entitled to such benefits.

Moreover, although the procedures in place to recoup overpayments by reducing current payments due recipients or court action for restitution may mitigate some loss of public funds, it undoubtedly “makes work” for the department and will in all likelihood never result in total recovery.…

Defendant appeals from an order granting a preliminary injunction in this consolidated matter. We affirm.

Procedural History

Plaintiff Harley filed a class action seeking to invalidate Manual of Policies and Procedures: Operations, section 22-022.51 (hereinafter 22-022.51), which was promulgated by defendant as Director of the State Department of Social Services. Shortly thereafter, plaintiff Ortiz filed her complaint, making essentially the same claims as Harley. On October 22, 1980, the trial court certified the class pursuant to the stipulation of the parties and ruled that Harley’s complaint adequately described the questions of law and fact common to the class. The class was certified as consisting of “all public assistance recipients who: [¶] (a) receive written notice from the State of a discontinuance or reduction in aid; [¶] (b) file a hearing request between the date of the notice of discontinuance or reduction and the next regular date of aid payment when the notice will be effective; and [¶] (c) are denied full public assistance pending a final decision on the hearing pursuant to Operations Manual section 22-022.51.” Thereafter, based upon the stipulation of…

Defendant appeals from an order granting a preliminary injunction in this consolidated matter. We affirm.

Plaintiff Harley filed a class action seeking to invalidate Manual of Policies and Procedures: Operations, section 22-022.51 (hereinafter 22-022.51), which was promulgated by defendant as Director of the State Department of Social Services. Shortly thereafter, plaintiff Ortiz filed her complaint, making essentially the same claims as Harley. On October 22, 1980, the trial court certified the class pursuant to the stipulation of the parties and ruled that Harley's complaint adequately described the questions of law and fact common to the class. The class was certified as consisting of "all public assistance recipients who: [¶] (a) receive written notice from the State of a discontinuance or reduction in aid; [¶] (b) file a hearing request between the date of the notice of discontinuance or reduction and the next regular date of aid payment when the notice will be effective; and [¶] (c) are denied full public assistance pending a final decision on the hearing pursuant to Operations Manual section 22-022.51." Thereafter, based upon the stipulation of the…