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SCH v. STATE DEPT. OF SOCIAL SERVICES

No. C030858.

97 Cal.Rptr.2d 203 (2000)

81 Cal.App.4th 786

SACRAMENTO CHILDREN'S HOME, Plaintiff and Appellant, v. STATE DEPARTMENT OF SOCIAL SERVICES et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 23, 2000.

Attorney(s) appearing for the Case

Washburn, Briscoe & McCarthy, James P. Corn, Sacramento, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Frank S. Furtek, Supervising Deputy Attorney General, Roy S. Liebman, Deputy Attorney General, for Defendants and Respondents.

DAVIS, Acting P.J.

After an adverse administrative adjudication, plaintiff Sacramento Children's Home (SCH) petitioned for a writ of mandate directing defendant State Department of Social Services (DSS) to set aside its decision that plaintiff SCH was liable for overpayments during the 1991-92 fiscal year. The superior court denied the writ. On appeal, plaintiff SCH contends it cannot be compelled to repay money it did not receive, defendant DSS abused its discretion...

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