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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37013
Experience:  30 years in civil, probate, real estate, elder law
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The Respondents says in their writing on their pleading---The

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The Respondents says in their writing on their pleading---The Petition is untimely pursuant to Welfare and Institutions Code section 10962 and therefore, this Court lacks jurisdiction over the subject matter. (Code Civ. Proc. section 430.10,subd (a) How do I the Petitioner write to answer this paragraph
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.
They are alleging a pleading defect here--you were late filing under the law and therefore they lack jurisdiction. The applicant or recipient or the affected county, within one year after receiving notice of the director's final decision, may file a petition with the superior court, under the provisions of Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case.  Such review, if granted, shall be the exclusive remedy available to the applicant or recipient or county for review of the director's decision.  The director shall be the sole respondent in such proceedings.  Immediately upon being served the director shall serve a copy of the petition on the other party entitled to judicial review and such party shall have the right to intervene in the proceedings.No filing fee shall be required for the filing of a petition pursuant to this section.  Any such petition to the superior court shall be entitled to a preference in setting a date for hearing on the petition.  No bond shall be required in the case of any petition for review, nor in any appeal therefrom.  The applicant or recipient shall be entitled to reasonable attorney's fees and costs, if he obtains a decision in his favor.- See more at: http://codes.findlaw.com/ca/welfare-and-institutions-code/wic-sect-10962.html#sthash.h2iidLWw.dpuf You would need to argue it was timely filed as per the statute above and the court does have jurisdiction here. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 7 months ago.
Please let me know if you have more follow up.If you can leave a positive rating when we are done it is always much appreciated.