Sacramento Children's Home v. State Department of Social Services

Good Law
2000 Cal. App. LEXIS 488·2000 Daily Journal DAR 6619·81 Cal. App. 4th 786·97 Cal. Rptr. 2d 203
Court of Appeal of CaliforniaMay 23, 2000No. C030858California2,737 words

Opinion

Lead Opinion

Davis, J.

After an adverse administrative adjudication, plaintiff Sacramento Children’s Home (SCH) petitioned for a writ of mandate directing defendant State Department of Social Services (DSS) to set aside its decision that plaintiff SCH was liable for overpayments during the 1991-1992 fiscal year. The superior court denied the writ. On appeal, plaintiff SCH contends it cannot be compelled to repay money it did not receive, defendant DSS abused its discretion in calculating the amount of overpayments under its governing regulations and statutes, and DSS regulations are not consistent with their authorizing legislation. We shall affirm.

As plaintiff SCH concedes in its brief, it does not challenge the accuracy of the defendant’s computations. Rather, it challenges the underlying methodological theories on which the calculations are based, raising purely legal *789 issues. As a consequence, we need relate little if any of the evidence in the administrative record. Such facts as are pertinent will be incorporated in the Discussion where relevant.

Discussion

I. Background

A. Legal

“A group home program shall be initially classified, for purposes of emergency regulations,…

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