Judge: David A. Hoffer, Case: 30-2021-1232711, Date: 2022-10-03 Tentative Ruling

The Motion for Judgment on the Pleadings filed by Respondent California Department of Social Services (the “Department”) is GRANTED with leave to amend.  (C.C.P. § 438(c)(1)(B)(ii).)

Welf. & Inst. Code, § 10962, which governs judicial review of determinations of eligibility for welfare benefits, provides, in pertinent part:

The applicant or recipient or the affected county, within one year after receiving notice of the director's final decision, may file a petition with the superior court, under the provisions of Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. Such review, if granted, shall be the exclusive remedy available to the applicant or recipient or county for review of the director's decision.

(Welf. & Inst. Code, § 10962, italics added; see also Green v. Obledo (1981) 29 Cal.3d 126, 143, fn. 12.)

Here, it appears that Petitioner is seeking judicial review of the Department’s denial of his CalFresh application. Thus, his exclusive remedy is an administrative mandamus petition under C.C.P. § 1094.5.

As Petitioner has brought a traditional mandamus petition under C.C.P. § 1085, the Petition as it currently stands fails to state a sufficient cause of action against the Department.

Accordingly, the motion is granted.

Petitioner shall have 20 days leave to amend.

The Department is ordered to give notice of this ruling.