BASDEN v. WAGNER

No. C057195.

181 Cal.App.4th 929 (2010)

104 Cal. Rptr. 3d 394

MICHELLE A. BASDEN, an Incompetent Person, etc., Plaintiff and Appellant, v. JOHN A. WAGNER, as Director, etc., Defendant and Respondent.

Court of Appeals of California, Third District.

February 2, 2010.


Attorney(s) appearing for the Case

Charles Wolfinger for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Susan E. Slager and Mateo Muñoz, Deputy Attorneys General, for Defendant and Respondent.


OPINION

NICHOLSON, J.

A state administrative agency's nonsensical interpretation of the statute here at issue, and the harm it causes people, illustrates why courts do not always defer to an agency's interpretation.

Since 1999, plaintiff Michelle A. Basden, a disabled adult, received medical and personal care in her home through the In-Home Supportive Services program (IHSS). IHSS is a state social welfare program designed to...

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