Opinion
S257304
07-08-2020
RIVERA (FRANCES) v. KENT (JENNIFER)
A147534 First Appellate District, Div. 4
Transferred to Court of Appeal, First Appellate District, Division Four, after grant of review
In light of respondent's concession of both issues on which we granted review, there is no controversy remaining for the court to decide. Respondent acknowledges that “[t]he existence of a separate performance standard does not categorically preclude mandamus relief in a case alleging a violation of the timeliness standards under state and federal law. Performance and timeliness standards are separate requirements.” Respondent also recognizes that in “a situation involving statewide problems in making eligibility determinations . . . it was proper for plaintiffs to seek relief from the Department rather than the counties.” Accordingly, the matter is transferred to the Court of Appeal, First Appellate District, Division Four, for further proceedings consistent with respondent's concessions. (Cal. Rules of Court, rule 8.528, subd. (d).) On the court's own motion, the Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal filed June 27, 2019, which appears at 37 Cal.App.5th 529. (Cal. Const., art. VI, section 14; Cal. Rules of Court, rule 8.1125, subd. (c)(2).) The Court of Appeal is also directed to award to petitioners the costs of obtaining review in this court (Cal. Rules of Court, rules 8.544, 8.278, subd. (c)), and, under the circumstances of this litigation also consider whether to award attorney's fees, should petitioners so move.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.