Legal Question in Administrative Law in California

What can I attach or include with my petition for a writ of administrative mandate Ca CCP 1094.5, that will help me while I await the actual court date.

I am challenging the local housing authority's decision to terminate me from the rental assistance program by filing the writ in superior court on the decision made by the hearing officer when I appealed the termination by means of an informal hearing which is administered through the housing authority (had it be been a hearing conducted by an administrative law judge, I wouldn't be in this mess).

Trust me, I have standing and standing on several different points. From discovery due process, to false witness testimony, to no physical evidence supporting accusations made, then my physical evidence being disregarded, ending with the hearing officer making up his own rule on what must be reported as income, even though the regulations and policies say something else!

I'm still dumbfounded how they actually did this, but they absolutely got away with it, for the time being with me anyways.

I am preparing the writ myself and yes, I know I should have an attorney, but when legal aid does not even have anyone that deals with housing, and mandamus cases have a chance that legal fees might not be recoverable even with a win, the fact that I have no money to spend on representation means I'm doing a crash course in Pro Se hell. I have a new found respect for attorneys on how much petty little details in presentations matter almost more than the substance of the argument, and I discovered Codes, Statues, Regulations whatever you call them are written by a bunch of sadists!

Here's my question, the housing authority terminated me as of January 15, 2012 (well the hearing officer who was in such a hurry to turn in his report actually typo'd Jan 15, 2010! nice right? that should invalidate the whole thing you would expect) so I am about to file with the courts within my 90 day timeline and since I know it is going to take quite some time, I need to have a stay put on the decision Now! Would putting such a stay mean they will have to go on continuing provide the assistance? Please I know it would have been best had I filed before the termination date of Jan 15, but I was still under the belief I could find an attorney and did not even know what court I had to take this to at the time.

�I have read that preemptive injunctions need 4 things to be met in order for the judge to grant it

1- standing on merits: check

2- irreparable harm: check check

3- balance of justice if they were to provide assistance as to the balance of having it continue to stripped from me falls more toward it being more of a burden to me

4-public benefit; not sure if it serves the public interest but it would stop them from doing such actions to others by holding those actions accountable.

I am positive I meet all these; basically the hearing officer said I made income from returning a gift to the store and receiving a refund in the form of cash.

He's wrong in that one time gifts even if cash, are not considered income; and yet even with that regulation being ignored, I did report the returns to my caseworker (who conveniently was out sick on the day of my hearing) and there is proof contained in my file of the damn return's receipt which was submitted as evidence at the informal hearing!

So the hearing officer is saying I failed to report income of something that is not actually considered income which from that�I failed to document the return that I actually reported!

There should be punitive damages for a decision so arbitrary!

I can't wait until my case actually goes to trial to then be awarded the assistance retroactively, what is the course to take to help me now?

Is it an extraordinary writ or Alternative writ?

And what of having the administrative record? How can I show that while the filing is made ex parte? Or can I just point out the writing of the actual decision as my argument and plea for immediate relief?�

Is this even a possible option or am I out in some type of wishful left field?

Any guidance is greatly appreciated and needed.�

I seriously need some help with this.


Asked on 2/17/12, 9:29 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

It is extremely unlikely that a Superior Court would issue a preemptive writ. I am still not sure that you have exhausted your administrative remedies. What is the agency procedure when you elect to proceed by informal hearing? Do you have any remedy from that decision? Can you ask then for a formal hearing, or can you seek a rehearing from the agency, can you seek relief from the agency after an informal decision? You must be familiar with the procedures provided by the agency and follow them in detail. An extraordinary writ and an alternative writ are basically the same. All writs are extraordinary writs. An alternative writ tells the respondent that it can correct its decision or show cause before the court that it acted correctly. You should have filed an objection to the informal decision based on the incorrect date, because it adversely affects your time to file a writ petition. You could ask the agency to correct the date nunc pro tunc to make sure your writ petition is timely. You must file a fee waive application with the Superior Court and request preparation of the record of the hearing. When you say an "informal" hearing I suspect there is no record of the proceedings. If this is correct you have to request that the Superior Court allow you to prepare a record of the proceedings. This unfortunately allows the hearing officer to determine what occurred during the hearing. In preparing your writ petition you would normally attach a copy of the hearing record. Additional evidence can be submitted at the discretion of the Superior Court but you must request permission to file and indicate what you propose to file. Normally, on a writ petition no additional record will be received. It cannot be new evidence that was omitted from the informal hearing because that changes the function of the writ proceeding to review the hearing officer or agency decision. The court may permit you to attach texts of appropriate regulations or rules of the agency. This is a difficult undertaking, but good luck.

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Answered on 2/18/12, 3:33 pm


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