DEMURRER TO PETITION FOR WRIT OF MANDATE/ PROHIBITION/ CERTIFICATION
Matter on calendar for Tuesday, May 26, 2020, Line 4, RESPONDENTS CITY AND COUNTY OF SAN FRANCISCO, etc.'s DEMURRER TO PETITION FOR WRIT OF MANDATE/ PROHIBITION/ CERTIFICATION.
Respondents' demurrer to petitioner's second cause of action in the amended petition for ordinary mandamus per Code of Civil Procedure § 1085 is sustained without leave to amend.
Respondents imposed a 60-day suspension of petitioner's County Adult Assistance Programs ("CAAP") benefits as a sanction because they concluded that petitioner underreported his income for a second time without cause. Petitioner's second cause of action alleges that CAAP Eligibility Manual § 94-21 is contrary to Welfare & Institution Code § 17001.5(a) and San Francisco Administrative Code § 20.7-44 because respondents have a practice of discontinuing benefits without determining whether the recipient made a false statement or intentionally failed to report facts.
Hearing Date
May 26, 2020
Department
Civic Center Courthouse Room 302
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DEMURRER TO PETITION FOR WRIT OF MANDATE/ PROHIBITION/ CERTIFICATION
Matter on calendar for Tuesday, May 26, 2020, Line 4, RESPONDENTS CITY AND COUNTY OF SAN FRANCISCO, etc.'s DEMURRER TO PETITION FOR WRIT OF MANDATE/ PROHIBITION/ CERTIFICATION.
Respondents' demurrer to petitioner's second cause of action in the amended petition for ordinary mandamus per Code of Civil Procedure § 1085 is sustained without leave to amend.
Respondents imposed a 60-day suspension of petitioner's County Adult Assistance Programs ("CAAP") benefits as a sanction because they concluded that petitioner underreported his income for a second time without cause. Petitioner's second cause of action alleges that CAAP Eligibility Manual § 94-21 is contrary to Welfare & Institution Code § 17001.5(a) and San Francisco Administrative Code § 20.7-44 because respondents have a practice of discontinuing benefits without determining whether the recipient made a false statement or intentionally failed to report facts.