Mason v. Office of Administrative Hearings

Good Law
108 Cal. Rptr. 2d 102·2001 Cal. App. LEXIS 448·2001 Daily Journal DAR 5929·89 Cal. App. 4th 1119·1 Cal. Daily Op. Serv. 4835
Court of Appeal of CaliforniaJune 11, 2001E027140California6,965 words

Opinion

Opinion

Gaut, J.

1. Introduction

Real party in interest and appellant, Inland Counties Regional Center, Inc., doing business as Inland Regional Center, a California nonprofit corporation (IRC), appeals judgment entered in favor of plaintiff and respondent Ion Morgan Mason (Morgan). The State Department of Developmental Services (DDS) is also a respondent in this case and has filed a respondent’s brief on appeal.

This case involves a determination made by the IRC that Morgan is not developmentally disabled and thus is ineligible for IRC services. Morgan claims to the contrary that, under Welfare and Institutions Code section 4512, subdivision (a), he has a disabling condition that is closely related to mental retardation and requires treatment similar to that provided to those who are mentally retarded. During an administrative hearing on the matter, the administrative law judge (ALI) upheld the IRC’s determination that plaintiff was not developmentally disabled. The trial court, however, disagreed, ruling that Morgan was developmentally disabled under section 4512(a). The IRC appeals the trial court’s ruling.

The IRC contends that section 4512(a), which defines what is considered a…

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