Beverly

In Government Code section 29853.5 (hereafter section 29853.5), the Legislature has provided in plain terms that counties responsible for issuing public assistance warrants must replace any warrant within five working days after receiving an affidavit from the legal owner or custodian of the warrant attesting that it has been lost, stolen, destroyed, or lost in the mail. Defendant California Department of Social Services (DSS) maintains, however, that under section 29853.5 it is required only to investigate a claimant’s affidavit within five working days and that it may lawfully refuse to issue a replacement warrant if not satisfied that the affidavit is truthful. The trial court disagreed and granted plaintiff Quilla Beverly’s petition for writ of mandate. We shall affirm.

Factual and Procedural Background

Beverly, a recipient of public assistance under the Greater Avenues for Independence Program (GAIN), filed an affidavit in Sacramento County on December 23, 1996, attesting that her warrant for child care expenses for the period August-November 1996 related to her participation in GAIN, in the amount of $1,339.52, had been lost, destroyed, or stolen. On December 31,…