Whitaker v. Cal. Dept. of Social Services
Appellant Fred A. Whitaker, appearing in propria persona, appeals following the dismissal of his first amended petition for a peremptory writ of mandamus after the superior court sustained, without leave to amend, the demurrers of respondents California Department of Social Services and John Wagner (collectively, the State) and County of Alameda, Alameda County Social Services Agency and Yolanda Baldovinos (collectively, the County). Appellant's petition sought a writ of mandamus overturning the denial of his request for a credit against the $20,004 he claims was unlawfully taken out of his retroactive Supplemental Security Income (SSI) as reimbursement to the County for interim public assistance appellant received while his application for SSI was pending.[1] Appellant claims he should have received compensation in the form of a credit for hours he worked in the County's Social Services Workfare Program (workfare program) as a condition of receiving interim assistance. Appellant also claims that welfare recipients who participate in workfare programs are entitled to minimum wage protections. Court conclude that the trial court did not err in sustaining respondents' demurrers without leave to amend and therefore Court will affirm the judgment of dismissal.
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