Finander v. Office of the Cal. Attorney General CA
A. DEMURRER
Descriptions of the administrative case and writ petition are provided ante, so we begin this section with the demurrer. In the demurrer, the AG contended, “[The Finanders] cannot sue the []AG in order to challenge the ALJ’s order denying Marlene’s request that Brian be allowed to represent her. [The Finanders] seek unavailable relief from an improper party.” The AG continued, “If [the Finanders] believe the ALJ misinterpreted the [Administrative Procedure Act], they should have sought relief against [the Office of Administrative Hearings] or CalSTRS.”
B. OPPOSITION
In the Finanders’ opposition to the demurrer, they asserted, “[T]he []AG says that it is the wrong party in this matter—but strangely, it admits that the only other official who—in theory—could rule on this—has already issued an order simply denying this! So, in theory, if this petition has merit . . .—who is it that will issue any ‘order’ [or ‘writ’] confirming/allowing this?
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