Damm v. Wagner
Filed 10/14/10 Damm v. Wagner CA2/7
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
SEVEN
LINDA DAMM,
Plaintiff and Appellant,
v.
JOHN WAGNER, as Director, etc.,
et al.,
Defendants and Respondents.
B214282
(Los Angeles
County
Super. Ct.
No. BS114276)
APPEAL from
a judgment of the Superior Court
of Los Angeles County,
James C. Chalfant, Judge.
Affirmed.
Legal Aid
Foundation of Los Angeles and Ryan
Bradley; Disability Rights California,
Melinda Bird, Hillary Sklar and Marilyn Holle for Plaintiff and Appellant.
Edmund G.
Brown, Jr., Attorney General, Douglas M. Press, Senior Assistant Attorney
General, Jennifer M. Kim and Karen L. Fried, Deputy Attorneys General, for
Defendants and Respondents.
________________________
>
Linda Damm, who suffers from severe bipolar disorder and depression and has a lengthy history of
suicidal ideation and confirmed attempts to harm herself, appeals from the
denial of her petition for traditional and administrative mandamus to reinstate
protective supervision services under California's In-Home Supportive Services
(IHSS) program. Damm contends the California Department of Social Services
(CDSS or Department) violated the Administrative Procedure Act in promulgating
the emergency regulation under which her services were terminated and wrongly
denied her protective supervision benefits under Welfare and Institutions Code
section 12300 et seq.[1] We affirm.
factual and procedural background
1.
The Benefit Sought
The IHSS program, enacted in 1973, provides
in-home assistance with basic tasks of daily living to enable elderly and
disabled individuals avoid unnecessary and costly institutionalization by remaining
in their homes with proper supportive services.
(See § 12300, subd. (a).)
The term â€
| Description | Linda Damm, who suffers from severe bipolar disorder and depression and has a lengthy history of suicidal ideation and confirmed attempts to harm herself, appeals from the denial of her petition for traditional and administrative mandamus to reinstate protective supervision services under California's In-Home Supportive Services (IHSS) program. Damm contends the California Department of Social Services (CDSS or Department) violated the Administrative Procedure Act in promulgating the emergency regulation under which her services were terminated and wrongly denied her protective supervision benefits under Welfare and Institutions Code section 12300 et seq. Court affirm. |
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