Lowry
County of Alameda v. Lowry
Opinion
Opinion
Kane, J.
On June 29, 1971, appellant, County of Alameda (“County”) filed a petition for writ of mandate and other appropriate relief, in an attempt to compel the Director of the Department of Health (“Direc tor”) to pay certain moneys allegedly due to County under the Short-Doyle Act. On December 3, 1971, the court, in a minute order, denied the petition for writ of mandate and discharged the alternative writ. After a hearing, the court made its findings of fact and conclusions of law and, on August 8, 1972, judgment was entered.
Prior to October 1, 1969, County submitted to Director, as required by section 5650, its county Short-Doyle plan for the fiscal year 1970-1971. Said plan complied with all the requirements of the Short-Doyle Act. Director approved reimbursement in the amount of $3,948,475 and then subtracted 10 percent of this approved total pursuant to section 5705, which requires that the state/county ratio shall be 90 percent state funds and 10 percent county funds; the resultant $3,553,628 is called the “Maximum Possible [State] Reimbursement.” Next, Director subtracted an “estimated savings,” in advance of any realization thereof, of $284,290, leaving $3,269,338 as…