Wilson

Wilson v. Douglas CA2/6

Good Law
Court of Appeal of CaliforniaJuly 15, 2014B253662California3,141 words

Opinion

Opinion

FACTS

On March 7, 2012, HSA notified Wilson that her Medi-Cal application was denied. Wilson requested an administrative hearing to challenge the denial. On September 13, 2012, DHCS issued the DHCS director's final decision denying Wilson's claim on the ground that she was not eligible for benefits under "Medi- Cal program regulations." The decision contained the following advisement: "You may ask for judicial review of this decision by filing a petition in Superior Court under Code of Civil Procedure § 1094.5 within one year after you receive this decision." Wilson filed a request for rehearing. On August 13, 2013, DHCS denied that request. The letter denying the rehearing contained the following advisement: "If you decide to seek judicial review, a petition must be filed in Superior Court within one year after the date you received the original final decision." On October 15, 2013, Wilson filed a superior court petition. She alleged, among other things, that she sought "a writ of mandamus" to review and set aside the decision. She labeled the pleading as a petition filed pursuant to "California Welfare and Institutions Code 10962." DHCS filed a demurrer contending,…

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