Inland Counties Regional Center, Inc. v. Office of Administrative Hearings

Good Law
193 Cal. App. 3d 700·1987 Cal. App. LEXIS 1929·238 Cal. Rptr. 422
Court of Appeal of CaliforniaJune 11, 1987E002865California1,575 words

Opinion

Opinion

Hews, J.

Plaintiff, Inland Counties Regional Center (Regional Center), appeals a ruling dismissing a petition for writ of mandate for failure to name real party in interest, an indispensable party, in the petition.

I

Facts

Christopher Mionske was bom on February 10, 1979, with spina bifida and after one month, he developed hydrocephalus. Mionske was periodically evaluated by Regional Center to determine whether he was developmentally disabled, and thus eligible for Regional Center services. In early September 1983, Regional Center determined Mionske was ineligible for services.

A year later, Mionske requested an appeal to the director of Regional Center, and on September 28, 1984, the director determined he was not eligible for services.

Pursuant to the Welfare and Institutions Code, Mionske appealed Regional Center’s adverse finding. An evidentiary hearing was conducted by the Office of Administrative Hearings (OAH), and on November 21, 1984, the OAH determined Mionske was developmentally disabled and, therefore, entitled to services.

Regional Center filed a petition for writ of mandate to review the OAH decision. Regional Center’s petition was granted and on July 3, 1985,…

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