Garcia

Plaintiffs Margarita Garcia and Palmida Castanon represent themselves and a class of persons who are recipients of the aid to families with dependent children (AFDC). 1 They initiated the present action against the Director of the State Department of Benefit Payments (hereinafter Department), 2 challenging the validity of a Department regulation imposing a system of “prior month budgeting” in computing AFDC payments. The trial court denied plaintiffs the injunctive and declaratory relief which they sought and entered judgment for the defendant Department. Plaintiff appealed. This court in Garcia v. Swoap (1976) 63 Cal.App.3d 903 [ 134 Cal.Rptr. 137 ], held that the challenged regulation violated federal and state law governing the AFDC program.

*707 The action was remanded to the trial court which subsequently rendered judgment for plaintiffs; the trial court also ordered the director of the Department to propose and promulgate regulations that would bring the state’s budget system for computing aid payments into line with state and federal law as set forth in Garcia . The Department did draft proposed regulations. Plaintiffs, however, challenged the validity of those…