Case: Brazwell v. Wagner

California state trial court

Filed Date: March 23, 2010

Clearinghouse coding complete

Case Summary

On March 23, 2010, the National Center for Youth Law, the Alliance for Children's Rights, and private counsel filed this state court lawsuit representing children who receive benefits through California's Kin-GAP program, which provides cash assistance and Medi-Cal to foster children living with relatives as their legal guardians. The program was created in 1999 by the California Legislature to encourage family members to care for youth who had been removed from their parents by the dependency …

On March 23, 2010, the National Center for Youth Law, the Alliance for Children's Rights, and private counsel filed this state court lawsuit representing children who receive benefits through California's Kin-GAP program, which provides cash assistance and Medi-Cal to foster children living with relatives as their legal guardians. The program was created in 1999 by the California Legislature to encourage family members to care for youth who had been removed from their parents by the dependency courts. The suit challenged the state's interpretation of the Kin-GAP statute in denying benefits to these children.

The plaintiff, EB, is now a teenager, but was placed with his grandmother when he was in foster care as a young boy. Eventually, his foster care case was dismissed and his grandmother became his legal guardian. After he was arrested, the state terminated his Kin-GAP benefits when they learned he was in juvenile hall, and refused to reinstate them even when he returned home to his grandmother on probation. They required that the delinquency court's "wardship" be dismissed before reinstatement of Kin-GAP benefits. Because EB was on probation, he still had an open wardship.

The suit alleged that the California Department of Social Services misinterpreted the Kin-GAP statute and had unlawfully terminated Kin-GAP for foster youth who later became involved with the delinquency system, often for minor offenses, and then returned home on probation to their guardian.

On November 22, 2010, California Superior Court Judge Frank Roesch ruled for the plaintiffs. Once children who have been arrested are returned home on probation, relative caregivers are entitled to cash assistance.

Summary Authors

Soojin Cha (6/5/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6143581/parties/rodrigo-zermeno-gomez-v-usdc-azp/


Judge(s)

Roesch, Frank (California)

Attorneys(s) for Defendant

Martyna, Bryn (California)

Quraishi, Fiza A (California)

Judge(s)

Roesch, Frank (California)

Attorneys(s) for Defendant

Martyna, Bryn (California)

Quraishi, Fiza A (California)

Documents in the Clearinghouse

Document

RG10505601

Complaint

California state supreme court

March 23, 2010

March 23, 2010

Complaint

RG10505601

Opinion

California state supreme court

Nov. 22, 2010

Nov. 22, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6143581/rodrigo-zermeno-gomez-v-usdc-azp/

Last updated July 24, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

FILED PETITION FOR WRIT OF MANDAMUS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED REAL PARTIES IN INTEREST OF FILING. [10488345] (HH) [Entered: 06/26/2017 03:46 PM]

1 Docketing Letter

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2 Main Document

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June 26, 2017

June 26, 2017

PACER
2

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez EMERGENCY Motion for miscellaneous relief [for Injunction Pending Resolution of Petition for Mandamus]. Date of service: 06/26/2017. [10488484] [17-71867] (Kaplan, Daniel) [Entered: 06/26/2017 04:09 PM]

June 26, 2017

June 26, 2017

PACER
3

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez Unopposed Motion to proceed In Forma Pauperis. Date of service: 06/26/2017. [10488625] [17-71867] (Kaplan, Daniel) [Entered: 06/26/2017 04:56 PM]

June 26, 2017

June 26, 2017

PACER
5

Filed clerk order (Deputy Clerk: MCD): The United States is directed to file a response to the Emergency Motion for an Injunction on or before 4:00 p.m., P.D.T., July 5, 2017. [10493165] (ME) [Entered: 06/29/2017 04:22 PM]

June 29, 2017

June 29, 2017

PACER
6

Filed (ECF) Real Party in Interest USA and Respondent USDC-AZP response to Court order dated 06/29/2017. Date of service: 07/05/2017. [10497666] [17-71867] (Lanham, Krissa) [Entered: 07/05/2017 01:11 PM]

July 5, 2017

July 5, 2017

PACER
7

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez reply to response (). Date of service: 07/06/2017. [10499410] [17-71867] (Kaplan, Daniel) [Entered: 07/06/2017 01:14 PM]

1 Main Document

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2 Appendix A

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3 Appendix B

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4 Appendix C

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5 Appendix D

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July 6, 2017

July 6, 2017

PACER
8

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez Unopposed Motion for miscellaneous relief [for Leave to File Reply in Support of Emergency Motion for Injunction]. Date of service: 07/06/2017. [10499424] [17-71867] (Kaplan, Daniel) [Entered: 07/06/2017 01:18 PM]

July 6, 2017

July 6, 2017

PACER
9

Filed clerk order (Deputy Clerk: OC): Zermeno-Gomez’s unopposed motion to file a reply brief in support of his emergency motion for an injunction pending resolution of the petition for mandamus is GRANTED. The reply brief submitted on July, 6, 2017, shall be filed. [10501068] (OC) [Entered: 07/07/2017 01:11 PM]

July 7, 2017

July 7, 2017

PACER
10

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez Motion for miscellaneous relief [Supplement to Petition for Writ of Mandamus and Emergency Motion for Injunction Pending Resolution of Petition for Mandamus Under FRAP 8 and Circuit Rule 27-3]. Date of service: 07/11/2017. [10505156] [17-71867] (Kaplan, Daniel) [Entered: 07/11/2017 04:53 PM]

July 11, 2017

July 11, 2017

PACER
11

Filed order (ALFRED T. GOODWIN, ALEX KOZINSKI and MARSHA S. BERZON) The motion to proceed in forma pauperis (Docket Entry No. [3]) is granted. The Clerk shall amend the docket to reflect this status. Petitioners’ “Emergency Motion for Injunction Pending Resolution of the Petition for Mandamus Under FRAP 8 and Circuit Rule 27-3” (Docket Entry No. [2]) is granted. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008). Pending further order of the court, respondent United States District Court for the District of Arizona is ordered to comply with this court’s decision in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017) (en banc). This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 7 days after the date of this order, the real party in interest shall file an answer. The district court, within 7 days after the date of this order, may address the petition if it so desires. The district court may elect to file an answer with this court or to issue an order and serve a copy on this court. Petitioner may file a reply within 5 days after service of the answer(s). The Clerk shall serve this order on the district court and Chief Judge Raner C. Collins. [10509919] (ME) [Entered: 07/14/2017 05:48 PM]

July 14, 2017

July 14, 2017

PACER
12

Filed (ECF) notice of appearance of Dominic Lanza for Real Party in Interest USA. Date of service: 07/21/2017. [10517000] [17-71867] (Lanza, Dominic) [Entered: 07/21/2017 11:34 AM]

July 21, 2017

July 21, 2017

PACER
14

Filed Judge Raner C. Collins' Answer to [11] Court Order. [10517386] (HH) [Entered: 07/21/2017 02:28 PM]

July 21, 2017

July 21, 2017

PACER
15

Filed (ECF) Real Party in Interest USA answer to Writ of Mandamus petition. Date of service: 07/21/2017. [10517853] [17-71867] (Lanham, Krissa) [Entered: 07/21/2017 05:43 PM]

1 Response to Petition for Writ of Mandamus

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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July 21, 2017

July 21, 2017

PACER
16

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez reply to answer to Writ of Mandamus petition. Date of service: 07/26/2017. [10522438] [17-71867] (Kaplan, Daniel) [Entered: 07/26/2017 02:19 PM]

July 26, 2017

July 26, 2017

RECAP
17

Filed (ECF) Real Party in Interest USA citation of supplemental authorities. Date of service: 08/08/2017. [10537232] [17-71867] (Lanza, Dominic) [Entered: 08/08/2017 01:42 PM]

1 FRAP 28j Correspondence

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2 Exhibit A to FRPA 28j Correspondence

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Aug. 8, 2017

Aug. 8, 2017

PACER
18

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez citation of supplemental authorities. Date of service: 08/09/2017. [10538744] [17-71867] (Kaplan, Daniel) [Entered: 08/09/2017 12:41 PM]

Aug. 9, 2017

Aug. 9, 2017

PACER
19

Order filed for PUBLICATION (ALFRED T. GOODWIN, ALEX KOZINSKI and MARSHA S. BERZON) GRANTED; [] [10558098]--[COURT UPDATE: Replaced PDF of order. Order edited to indicate correct Magistrate Judges. 08/29/2017 by RY] (RMM) [Entered: 08/25/2017 06:45 AM]

Aug. 25, 2017

Aug. 25, 2017

PACER
20

Filed (ECF) Real Party in Interest USA Unopposed Motion to extend time to file petition for rehearing until 10/10/2017. Date of service: 08/31/2017. [10566066] [17-71867] (Lanham, Krissa) [Entered: 08/31/2017 02:44 PM]

Aug. 31, 2017

Aug. 31, 2017

RECAP
21

Filed order (ALFRED T. GOODWIN, ALEX KOZINSKI and MARSHA S. BERZON) The unopposed motion for an extension of time to file a petition for rehearing and suggestion for rehearing en banc (Docket Entry No. [20]) is granted. The petition for rehearing and suggestion for rehearing en banc are now due October 10, 2017. [10570310] (OC) [Entered: 09/06/2017 09:57 AM]

Sept. 6, 2017

Sept. 6, 2017

PACER
22

Filed (ECF) Real Party in Interest USA Correspondence: Letter re no intent to seek rehearing. Date of service: 09/13/2017 [10579033] [17-71867] (Lanham, Krissa) [Entered: 09/13/2017 10:29 AM]

Sept. 13, 2017

Sept. 13, 2017

PACER

Case Details

State / Territory: California

Case Type(s):

Child Welfare

Key Dates

Filing Date: March 23, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a relative caregiver of a child whose entitlement to state benefit to provide care for the child was wrongfully terminated by the California Department of Social Services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Social Services (Alameda), State

Case Details

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

Foster care (benefits, training)

Juveniles

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Relative caretakers