Taye

Taye v. Coye

Good Law
1994 Cal. App. LEXIS 1105·29 Cal. App. 2d 1339·29 Cal. App. 4th 1339·35 Cal. Rptr. 2d 27·94 Daily Journal DAR 15374
Court of Appeal of CaliforniaSeptember 30, 1994A063714California2,180 words

Opinion

Opinion

Stein, J.

Asefa Taye (Taye), doing business as Pride Home Care Medical, was a provider in the state medical program, administered by the Department of Health Services (Department). Following an audit by the State Controller, it was determined that Taye had been overpaid in the amount of $235,099 for the period from January 1, 1989, through March 31, 1990. Taye filed an administrative appeal of the audit. The administrative law judge decided the matter in favor of the Department, and that decision was adopted by the Department. Taye thereafter petitioned the superior court for an administrative writ of mandamus ordering the Department to set aside its decision. He appeals from the judgment of the superior court denying his petition.

Facts

We state the evidence drawing all inferences therefrom, and resolving all conflicts therein, in favor of the decision of the trial court. (Holmes v. Kizer (1992) 11 Cal.App.4th 395, 400-401 [ 13 Cal.Rptr.2d 746 ]; Lacy v. California Unemployment Ins. Appeals Bd. (1971 17 Cal.App.3d 1128, 1134 [ 95 Cal.Rptr. 566 ].)

The audit was conducted by Gregory LaPlaunt who looked at vendor and supplier invoices, canceled checks, financial returns, tax…

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