Hypolite

One of the two minor, respondents commenced this action against appellant Robert Carleson, Director of the State Department of Social Welfare (hereinafter the “Director” and “Department,” respectively), seeking declaratory and injunctive relief, and a peremptory writ of mandate, upon the grounds that the minor had been denied certain public assistance benefits upon the sole basis of a Department regulation which was invalid. After a nonjury trial of the issues joined upon a first amended complaint filed by all of the present respondents, the trial court sustained the regulation and entered a judgment denying respondents any of the relief sought in their first amended complaint. Upon their appeal, Division One of this court held the regulation invalid for lack of conformity with federal statutes and upon constitutional grounds (Hypolite v. Carleson (1973) 32 Cal.App.3d 979, 982-987 [108 CaI.Rptr. 751]), reversed the judgment, and remanded the cause to the trial court with directions to grant a peremptory writ of mandate. (Id. at p. 987.)

In compliance with the remand, the trial court entered a judgment which ordered the issuance of a peremptory writ of mandate compelling…