Acosta vs Will Lightbourne in his official capacity as the Director of Department of Social Services

Case No.: 37-2018-00038408-CU-WM-CTL     Track Rulings In Case

Tentative Ruling on Petition for Writ of Mandate

Acosta v. Lightbourne, Case No. 2018-38408

August 30, 2019, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

In this case, the petitioner seeks a writ of mandate pursuant to Code of Civil Procedure section 1094.5 ordering respondent, the Director of the Dept. of Social Services, to set aside his July 25, 2017 written decision in State Hearing No. 201730035, confirming an earlier decision by San Bernardino County to deny "protective supervision services" (i.e., 24-hour-a-day supervision) under the In-Home Supportive Services ("IHSS") program to petitioner, effective January 6, 2017. In his July 25, 2017 decision, respondent determined that petitioner was eligible for 105 hours and 56 minutes of monthly IHSS benefits but was not entitled to "protective supervision services," effective January 6, 2017. Administrative Record ("AR"), p. 3.

This action was filed........