Macomber

Williams v. Macomber

Good Law
1990 Cal. App. LEXIS 1313·226 Cal. App. 3d 225·276 Cal. Rptr. 267·90 Daily Journal DAR 14182·90 Cal. Daily Op. Serv. 9111
Court of Appeal of CaliforniaDecember 13, 1990No. B045784California2,821 words

Opinion

Lead Opinion

George, J.

Holly Williams, a “profoundly retarded” and disabled minor, appeals through her guardian ad litem from a judgment denying her petition for writ of mandate to compel the director of the State Department of Developmental Services to provide her with day-care services in her home pursuant to the Lanterman Developmental Disabilities Services Act (hereafter referred to as the Lanterman Act or the Act). (Welf. & Inst. Code, § 4500 et seq.) 1 Appellant contends (1) the superior court applied an incorrect standard of review of the administrative decision, and (2) denial of the requested services is inconsistent with the letter and spirit of the Lanterman Act. For the reasons that follow, we reverse the judgment.

Procedural and Factual History

The factual summary that follows is based upon the findings of fact made by the administrative hearing officer. Appellant, a client of real party in interest, the San Gabriel/Pomona Regional Center (referred to hereafter as the Regional Center), is “profoundly retarded” 2 and suffers from severe quadriplegia impact, periodic grand mal seizures, hearing loss, and severely *229 impaired vision. She is unable to feed, dress, or bathe herself,…

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