Department of Health Services v. Kennedy

Introduction

Appellants appeal from judgments on consolidated petitions for peremptory writs of administrative mandamus. The trial court granted the petition of respondent County of Los Angeles, Department of Health Services (Department) and ordered the Civil Service Commission of the County of Los Angeles (Commission) to reconsider the appropriate penalty to be imposed upon appellants; the court denied appellants’ petition.

I

Appellants seek to nullify the effect of the Commission’s reexamination of the penalty imposed upon them by contending the Department lacks standing to bring a petition for administrative mandate directed at the Commission. We cannot agree.

The one essential prerequisite to initiating a mandamus proceeding is “that the petitioner be a party ‘beneficially interested.’” (Bodinson Mfg. Co. v. California E. Com. (1941) 17 Cal.2d 321, 330 [ 109 P.2d 935 ].) Accordingly, “ ‘where a party has a beneficial interest in the subject matter of the proceedings and a right to appear, and has appeared before the administrative agency he properly may institute proceedings for review by mandamus. [Citation.]’ ” (County of L. A. v. Tax Appeals Bd. No. 2 (1968)…