Martin Ibarra, v. Department of Health Care Services of the State of California,

Judge Mary Strobel

Hearing: October 27, 2020

19STCP01831

Tentative Decision on Petition for Writ of Mandate: DENIED

Petitioner Martin Ibarra (“Petitioner”) petitions for a writ of administrative mandate directing Respondent Department of Health Care Services of the State of California (“Department” or “Respondent”) to set aside an administrative decision denying Petitioner’s application for a hardship waiver from Medi-Cal claims pursuant to Title 22, California Code of Regulations, section 50963(a)(4).

Request for Judicial Notice

Petitioner’s Reply RJN Exhibit A – Denied. The request for judicial notice was improperly made for the first time in reply. Since the interpretation of section 50963(a) is at issue in this action, Petitioner does not show good cause to submit Exhibit A for the first time in reply. (Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010.)

Background

Petitioner is the