Woods v. Superior Court

Decision Date08 January 1981
Docket NumberS.F. 24152
Citation170 Cal.Rptr. 484,620 P.2d 1032,28 Cal.3d 668
CourtCalifornia Supreme Court
Parties, 620 P.2d 1032 Marion J. WOODS, as Director, etc., Petitioner, v. The SUPERIOR COURT OF BUTTE COUNTY, Respondent; Julia SEIBERT et al., Real Parties in Interest.
[620 P.2d 1033] George Deukmejian, Atty. Gen., Thomas E. Warriner, N. Eugene Hill and Richard M. Skinner, Deputy Attys. Gen., for petitioner

No appearance for respondent.

Legal Services of Northern California, Butte Regional Office, Chico, Daniel L. Siegal, Michael R. Bush and Alan Lieberman, for real parties in interest.

Andrea Saltzman, William Marlin, Phyllis E. Andelin and Thomas W. Pulliam, Jr., San Francisco, as amici curiae on behalf of real parties in interest.

Victoria J. De Goff, Berkeley, as amicus curiae.

RICHARDSON, Justice.

We have concluded that a decision of the Director (petitioner) of the Department of Social Services denying benefits to real parties in interest below (applicants) pursuant to an assertedly invalid regulation may be reviewed by administrative mandamus. (Code Civ.Proc., § 1094.5; unless otherwise indicated subsequent statutory references are to this code.) Accordingly, petitioner's demurrer to applicants' petition for such writ was properly overruled, and his petition for mandate and/or prohibition to restrain further trial court proceedings will be denied.

In reviewing this matter we reaffirm our traditional reluctance to interpose prerogative writ review of rulings on pleadings. (State of California v. Superior Court (1974) 12 Cal.3d 237, 243, 115 Cal.Rptr. 497, 524 P.2d 1281, fn. 3; Babb v. Superior Court (1971) 3 Cal.3d 841, 851, 92 Cal.Rptr. 179, 479 P.2d 379.) We are persuaded, however, that the procedural validity herein presented is an important and continuing issue in California administrative practice fully meriting our attention.

PROCEDURAL POSTURE

According to factual allegations in the petition, applicants were required to vacate apartment dwellings occupied by them as tenants after the City of Oroville declared them to be dangerous and unfit for human habitation. Applicants thereupon unsuccessfully applied to the Butte County Department of Social Welfare (county) for funds to relocate. Thereafter pursuant to Welfare and Institutions Code section 10950, applicants requested and received a "fair hearing" before an appropriate officer of that department for the purpose of challenging county's action. Following the hearing, during which applicants presented testimony and arguments, petitioner denied their claims on the ground that departmental regulations covering "non-recurring special needs" do not authorize expenditure of housing relocation funds.

Seeking to compel petitioner to set aside his decision and to afford them relief, applicants petitioned the Superior Court of Butte County for a writ of mandamus pursuant to section 1094.5, claiming that the departmental regulations violated federal and state law. (See 42 U.S.C. § 606(e); Welf. & Inst.Code, § 11450, subd. (d).)

Petitioner demurred to applicants' petition, contending that the appropriate method of challenging the validity of a departmental regulation was either by petition for "ordinary" mandamus under section 1085 or by an action for declaratory relief pursuant to section 1060. Following the overruling of his demurrer petitioner here seeks an extraordinary writ to annul the ruling.

JUDICIAL INTERPRETATION OF THE APPLICABLE STATUTES

Initially, we note that a demurrer must be overruled if the moving party has alleged facts entitling him to some form of relief. More specifically, we have said that if a proper basis for issuance of mandamus is alleged, "it is unimportant that plaintiff's pleading was not in form a petition for mandamus ...." (Boren v. State Personnel Board (1951) 37 Cal.2d 634, 638, 234 P.2d 981; see also, Anton v. San Antonio Community Hosp. (1977) 19 Cal.3d 802, 813-814, 140 Cal.Rptr. 442, 567 P.2d 1162 (proceeding brought pursuant to § 1085 properly treated as one brought pursuant to § 1094.5).) Here, petitioner apparently conceding that applicants' factual allegations would state a cause of action for issuance of a writ of mandamus pursuant to section 1085 (rather than § 1094.5), the propriety of the trial court's order overruling petitioner's demurrer becomes even clearer.

Section 1094.5, subdivision (a), provides as follows: "Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the inferior tribunal, corporation, board or officer, the case shall be heard by the court sitting without a jury. All or part of the record of the proceedings before the inferior tribunal, corporation, board or officer may be filed with the petition, may be filed with respondent's points and authorities or may be ordered to be filed by the court. If the expense of preparing all or any part of the record has been borne by the prevailing party, such expense shall be taxable as costs." When the three elements of hearing, evidence, and discretion are found to be present, "by the very terms of the statute (§ 1094.5, subd. (a)), the procedure there set forth is to be utilized in all cases in which review of a final adjudicatory order is sought by mandate ...." (Anton v. San Antonio Community Hosp., supra, at p. 814, 140 Cal.Rptr. 442, 567 P.2d 1162, fns. omitted.)

Of course, mandamus pursuant to section 1094.5, commonly denominated "administrative" mandamus, is mandamus still. It is not possessed of "a separate and distinctive legal personality. It is not a remedyremoved from the general law of mandamus or exempted from the latter's established principles, requirements and limitations." (Grant v. Board of Medical Examiners (1965) 232 Cal.App.2d 820, 826, 43 Cal.Rptr. 270; see Anton v. San Antonio Community Hosp., supra, 19 Cal.3d at p. 814, 140 Cal.Rptr. 442, 567 P.2d 1162.) The full panoply of rules applicable to "ordinary" mandamus applies to "administrative" mandamus proceedings, except where modified by statute. (See 5 Witkin, Cal.Procedure (2d ed. 1971) Extraordinary Writs, § 213, p. 3970; Cal.Administrative Mandamus (Cont.Ed.Bar 1966) § 1.5, p. 7.) Because applicants are conceded to have stated a cause of action for some form of extraordinary relief, petitioner's demurrer properly was overruled.

More fundamentally, however, the specific extraordinary relief sought by applicants here-a writ of mandamus pursuant to section 1094.5-is the proper means for review of an adjudicatory decision of the Department of Social Services which is alleged to be invalid because it is based upon an invalid regulation. The propriety of such procedure is grounded upon two statutory footings-sections 10950-10965 of the Welfare and Institutions Code, containing the manner for assertion of entitlement to public social service benefits, and section 1094.5 itself.

Several sections of the Welfare and Institutions Code are pertinent. Section 10950 provides in relevant part: "If any applicant for ... public social services is dissatisfied with any action of the county department relating to his application ... he shall, ... upon filing a request with the State Department of Social Services ..., be accorded an opportunity for a fair hearing." The "fair hearing," by virtue of section 10953 of the code, is to be conducted by the director of the department, by the department's administrative adviser, by a referee employed by the department or, in certain cases, by a representative of the Office of Administrative Hearings, each acting with all the powers and authority conferred upon the head of the department. (Id., § 10954.) Other sections of this code provide for the procedural details of the hearing. (Id., §§ 10955-10960.) The statutes impose no limitation, factual or legal, upon the issues which may be raised in the "fair hearing."

Section 10962 of the Welfare and Institutions Code explicitly provides for judicial review of the director's final decision in the following manner: "The applicant ..., 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 ... for review of the director's decision. (P) ... The applicant ... shall be entitled to reasonable attorney's fees and costs, if he obtains a decision in his favor." Significantly, the judicial review contemplated is "of the entire proceedings," including, of course, "questions of law."

Applicants have fully complied with the requirements of this statutory scheme in asserting their claims for social service benefits: They applied to the county for such benefits; upon denial of their applications, they sought and obtained a "fair hearing"; and upon receipt of the director's final decision rejecting their applications, they timely filed in the superior court a petition for section 1094.5 mandamus, as directed by Welfare and Institutions Code section 10962.

Quite apart from the specific authorization of Welfare and Institutions Code section 10962, we have declared as a general principle: "Since the enactment of section 1094.5 of the Code of Civil Procedure, it is no longer open to question that in this state the writ of mandamus is appropriate 'for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the inferior tribunal ....' " (Boren...

To continue reading

Request your trial
96 cases
  • Griffin Homes, Inc. v. Superior Court (City of Simi Valley)
    • United States
    • California Court of Appeals Court of Appeals
    • 29 d1 Outubro d1 1990
    ...(Pacifica Corp. v. City of Camarillo, supra, 149 Cal.App.3d at p. 178, 196 Cal.Rptr. 670; see also Woods v. Superior Court (1981) 28 Cal.3d 668, 675-677, 170 Cal.Rptr. 484, 620 P.2d 1032.) Code of Civil Procedure section 1094.6 places a 90-day statute of limitations on challenges to adminis......
  • Grupe v. California Coastal Com.
    • United States
    • California Court of Appeals Court of Appeals
    • 27 d3 Março d3 1985
    ...such a challenge can only be made if the issue is properly raised at the administrative hearing. (Woods v. Superior Court (1981) 28 Cal.3d 668, 675-677, 170 Cal.Rptr. 484, 620 P.2d 1032; City of Walnut Creek v. County of Contra Costa (1980) 101 Cal.App.3d 1012, 1019, 162 Cal.Rptr. 224; Cal.......
  • Cianci v. Superior Court
    • United States
    • California Supreme Court
    • 31 d2 Dezembro d2 1985
    ...& Information Council v. Superior Court (1984) 36 Cal.3d 188, 190, 203 Cal.Rptr. 127, 680 P.2d 1086; Woods v. Superior Court (1981) 28 Cal.3d 668, 672, 170 Cal.Rptr. 484, 620 P.2d 1032; State of California v. Superior Court (1974) 12 Cal.3d 237, 243, fn. 3, 115 Cal.Rptr. 497, 524 P.2d 1281;......
  • Green v. Obledo
    • United States
    • California Supreme Court
    • 5 d4 Março d4 1981
    ...1094.5. In both proceedings she was entitled to challenge the validity of the underlying regulation. (Woods v. Superior Court (1981) 28 Cal.3d 668, 170 Cal.Rptr. 484, 620 P.2d 1032.)13 Plaintiffs' dissatisfaction with the entire regulation is also shown by the fact that almost six months be......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT