Law Offices of James
E. Bame
James E. Bame Bar # 204617
22930 Crenshaw Blvd., Suite "C"
P.O. Box 4107
Torrance, CA 90510-4107
(310) 293-0649 Office
(310) 377-7912 Fax
SUPERIOR COURT FOR THE
STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF
LOS ANGELES
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Terry
Anderson, an individual, and Hal Netkin, an individual
Plaintiff(s)
vs.
Thomas L. Garthwaite,
M.D., Director & Chief Medical Officer, Department of Health
Services for the County of Los Angeles, individually and in his
official capacity, and
John Does 1-10
Defendant(s)
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Case No.: BS086042
PETITION
FOR WRIT OF MANDATE
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COMPLAINT FOR WRIT OF MANDATE
OR OTHER ORDER
1. This is an action for mandate relief challenging
respondent's, and others acting under his authority, failure to comply
with 8 U.S.C. § 1183a(b)(1)(A), which requires respondent to seek reimbursement
from the sponsors of legal immigrants for means-tested public benefits
provided to those immigrants.
PARTIES
1. Petitioner is a resident of Los Angeles
County in the State of California who has paid taxes to the State of
California and the County of Los Angeles within the past year.
2. Respondent is the director of the Department
of Health Services (DHS) for Los Angeles County in the State of California.
Respondent is charged with seeking reimbursement from sponsors
of legal immigrants for means-tested public benefits provided to those
immigrants.
JURISDICTION AND VENUE
1. Jurisdiction is proper because any California
state court has jurisdiction to issue a writ of mandate, and both the
petitioner and respondent are citizens of the State of California.
2. Venue is proper because the respondent
is located in Los Angeles County. See Cal Code Civ Proc § 304 (2003).
ALLEGATIONS OF FACT
1. One method for immigrants to legally enter
into and reside in the United States is to be sponsored by a U.S. citizen
or permanent resident.
2. All sponsors must sign an affidavit of
support.
3. By signing the affidavit of support, the
sponsor agrees to support the immigrant and accept liability for the
cost of any means-tested public benefit provided to the immigrant. 8 U.S.C. § 1183a(b)(1)(A) (2003).
4. 8 U.S.C. 1183a(b)(1)(A) requires that
"Upon notification that a sponsored alien has received any means-tested
public benefit, the appropriate nongovernmental entity which provided
such benefit or the appropriate entity of the Federal Government, a
State, or any political subdivision of a State shall request reimbursement
by the sponsor in an amount which is equal to the unreimbursed costs
of such benefit."
5. Respondent is the appropriate entity in
the State of California to seek reimbursement.
6. For the fiscal year 2001-2002, Los Angeles
County recorded 2,574 patients who were legal immigrants, who received
in-patient services from DHS, who did not have third party coverage,
and who did not have the ability to pay for services.
7. DHS does not ask service users immigration
status.8. DHS's "don't
ask" policy precludes the possibility of notification that the
DHS may be due reimbursement, and, therefore, precludes the possibility
of compliance with 8 U.S.C. 1183a(b)(1)(A).9.
DHS has made no attempt to collect monies due it, in violation
of the legislative intent of 8 U.S.C. 1183a(b)(1)(A).
10. DHS projects it will lose $700 million this
year, and has recently had to close 11 clinics.
11. Respondent is failing to seek reimbursement,
depriving the County of Los Angeles of funds due it and injuring the
taxpayers of Los Angeles County, who are forced to pay higher taxes,
or receive diminished services, due to this failure by respondent.
12. Petitioner, who pays taxes to Los Angeles
County, has standing under Cal. Code of Civ. Proc. § 526a (2003) to
bring suit to enjoin the respondent to perform his legal duty to collect
funds due the County. Cal. Code
of Civ. Proc. § 526a states "An action to obtain a judgment, restraining
and preventing any illegal expenditure of, waste of, or injury to, the
estate, funds, or other property of a county, town, city or city and
county of the state, may be maintained against any officer thereof,
or any agent, or other person, acting in its behalf, either by a citizen
resident therein, or by a corporation, who is assessed for and is liable
to pay, or, within one year before the commencement of the action, has
paid, a tax therein."
13. "It is established that an action lies under
section 526a not only to enjoin wasteful expenditures, but also to enforce
the government's duty to collect funds due the State." Vasquez v. State of California, 105 Cal. App.
4th 849 (2003).
PRAYER FOR RELIEF
1. Wherefore, petitioner requests the court
to issue a writ of mandate instructing respondent to seek reimbursement
from those sponsoring immigrants for means-tested public benefits provided
to those sponsored immigrants.
2. Wherefore, petitioner requests the court
to issue a writ of mandate instructing respondent to take whatever reasonable
steps necessary and collect whatever data necessary to create the conditions
necessary in order to be in compliance with 8 U.S.C. 1183a(b)(1)(A).
2. Pursuant to California Code of Civil Procedure
§ 1021.5 (2003), petitioner requests reimbursement for all attorneys'
fees and costs associated with this action that is brought in the public's
interest.
3. Petitioner requests any other relief that
the court deems appropriate.
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Dated: September 30, 2003 LAW OFFICES OF JAMES E. BAME
