Anderson
v.
Los Angeles County
Dept. of Health Services

[a layperson's guide to the suit and the issue]

	Title Page
I	Index
II	Introduction
III	Procedural elements
	Parties
	Standing
	Jurisdiction
	Venue
IV	Legal Basis for Claim
V	Petitioner's argument
VI	Prayer for Relief

TEXT OF
OPENING BRIEF
AS FILED
CAL SUPERIOR COURT
LOS ANGELES
JULY 19, 2002
(PRINT)

III. Qualification

A. Parties

1. Petitioner

Plaintiffs are citizen residents of this jurisdiction, Los Angeles County in the State of California, who have paid taxes to the State of California and the County of Los Angeles within the past year.

2. Respondent

Respondent Garthwaite ("Respondent") is a county officer in this jurisdiction, the director of the Department of Health Services (DHS) for Los Angeles County in the State of California, charged with seeking reimbursement for means-tested public benefits provided to those immigrants from the sponsors of legal immigrants.

B. Standing

1. California Code of Civil Procedure § 526a permits a citizen to commence an action to enjoin the illegal expenditure or waste of public funds.

2. The statute provides, in relevant part, "An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to . . . 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 . . ."

3. Citizen suits may be brought without the necessity of showing a legal or special interest in the result where the issue is one of public right and the object is to procure the enforcement of a public duty Connerly v. State Personnel Bd. Cal. App. 4th 16, 112 Cal. Rptr. 2d 5, 92 (2001) and plaintiffs do not contend that they have a legal or special interest in the positive result of their lawsuit other than the decreased likelihood of higher taxes or diminished services in their futures.

C. Jurisdiction

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. Governmental performance, commanded by statute, is measurable and thus amenable to judicial redress. Farley, supra.

D. Venue

Venue is proper because the respondent is located in Los Angeles County. See Cal Code Civ Proc § 304 (2003).

Friends of Immigration Law Enforcement
copyright 2002, 2003, 2004 all rights reserved
home about us departments supporters associates contact legal help