What can I attach or include with my petition for a writ of administrative mandate Ca CCP 1094.5, that will help me while I await the actual court date.

I am challenging the local housing authority's decision to terminate me from the rental assistance program by filing the writ in superior court on the decision made by the hearing officer when I appealed the termination by means of an informal hearing which is administered through the housing authority (had it be been a hearing conducted by an administrative law judge, I wouldn't be in this mess).

Trust me, I have standing and standing on several different points. From discovery due process, to false witness testimony, to no physical evidence supporting accusations made, then my physical evidence being disregarded, ending with the hearing officer making up his own rule on what must be reported as income, even though the regulations and policies say something else!

I'm still dumbfounded how they actually did this, but they absolutely got away with it, for the time being with me anyways.

I am preparing the writ myself and yes, I know I should have an attorney, but when legal aid does not even have anyone that deals with housing, and mandamus cases have a chance that legal fees might not be recoverable even with a win, the fact that I have no money to spend on representation means I'm doing a crash course in Pro Se hell. I have a new found respect for attorneys on how much petty little details in presentations matter almost more than the substance of the argument, and I discovered Codes, Statues, Regulations whatever you call them are written by a bunch of sadists!

Here's my question, the housing authority terminated me as of January 15, 2012 (well the hearing officer who was in such a hurry to turn in his report actually typo'd Jan 15, 2010! nice right? that should invalidate the whole thing you would expect) so I am about to file with the courts within my 90 day timeline and since I know it is going to take quite some time, I need to have a stay put on the decision Now! Would putting such a stay mean they will have to go on continuing provide the assistance? Please I know it would have been best had I filed before the termination date of Jan 15, but I was still under the belief I could find an attorney and did not even know what court I had to take this to at the time.

�I have read that preemptive injunctions need 4 things to be met in order for the judge to grant it

1- standing on merits: check

2- irreparable harm: check check

3- balance of justice if they were to provide assistance as to the balance of having it continue to stripped from me falls more toward it being more of a burden to me

4-public benefit; not sure if it serves the public interest but it would stop them from doing such actions to others by holding those actions accountable.

I am positive I meet all these; basically the hearing officer said I made income from returning a gift to the store and receiving a refund in the form of cash.

He's wrong in that one time gifts even if cash, are not considered income; and yet even with that regulation being ignored, I did report the returns to my caseworker (who conveniently was out sick on the day of my hearing) and there is proof contained in my file of the damn return's receipt which was submitted as evidence at the informal hearing!

So the hearing officer is saying I failed to report income of something that is not actually considered income which from that�I failed to document the return that I actually reported!

There should be punitive damages for a decision so arbitrary!

I can't wait until my case actually goes to trial to then be awarded the assistance retroactively, what is the course to take to help me now?

Is it an extraordinary writ or Alternative writ?

And what of having the administrative record? How can I show that while the filing is made ex parte? Or can I just point out the writing of the actual decision as my argument and plea for immediate relief?�

Is this even a possible option or am I out in some type of wishful left field?

Any guidance is greatly appreciated and needed.�

I seriously need some help with this.

In replying to my previous question regarding a petition for a writ of administrative mandate, I'm a few steps ahead of where you are curious about the details. I had my only administrative appeal provided by the agency by means of an Informal Hearing where I had no legal representation and boy was that a mistake. The hearing was conducted basically placing all the burden on me to defend myself against allegations. I say allegations for there was absolutely zero corroborating physical evidence (although in the hearing officers written report he repeats their testimony as facts and evidence) they brought in someone who would classify as an accomplice whose testimony was uncorroborated, I even objected to her for the information she gave had no source to how it was obtained and she also involved a period of time which was not mentioned would be involved at discovery. My caseworker with the agency who was central for she is the only person I dealt with in 4 years was "out sick" that day and the two agency staff were commenting about letters in my file which they had no idea of the actual context of the notes, the actual physical evidence I submitted which contradicted the testimony made against me such as statements, receipts, a letter stating a gift given to me, and certain notes and reports I submitted which were in my file with the agency, were not even mentioned in the Hearing Officer's written report (which seems as a purposeful way to keep it out of any court review) But the kicker is in the Hearing Officer's written Findings in which he states I had made income because I had returned merchandise to the store. Mind you this is merchandise bought and paid for with my own money, money that at the time of the purchase had already been reported as resulting from employment income and that income was already calculated into the subsidy amount from the agency and I was now getting my money back! How is that seen as income? It goes onto say that clothing I had been given as a gift (1 time at x-mas 1 year; 1 time from a friend who was moving out of state, and another from a gift from an exboyfriend) that when I took those clothes back to the store and got a refund for those items in cash, that this must be reported as income. All fine and dandy except when both federal regulation and they agencies own policy states sporadic, nonrecurring gifts (less than 3 times in 12 months) even if the gift is cash, is not considered income! Of course the hearing officer does not site the regulation he is relying on. But wait, he goes on to say that I failed to satisfactorily explain, document, or report these returns saying that i merely submitted bank statements to the agency so I violated a program rule and was the reason to terminate my participation. However, not only did I submit bank statements I submitted photocopies of the receipts to those returns made at the store either from my own purchases or the gifts and with those photocopies was a note explaining what it stemmed from; I did this for 3 years! My caseworker approved it then! Only in the last time I met with her she told me if I return any more gifts I must report it as income (she was wrong in fact because it would at most be only considered an asset) however even though she was incorrect, two months after I was told this I returned a gift and I reported it AS INCOME on an income and expense report along with a photocopy explanation and note which also states "since you told me in may 2011 that must now report any future gift returns as income I did on July 20, 2011!

The last statement the hearing officer goes onto to say "it appears" you were making income from those returns and failed to report it as required. IT APPEARS?! Really, and on just what does "it appear"?! Remember the others only made allegations which included more personal opinions and character attacks and not one actual document to support their claims. Oh and one of the investigators mentioned that they had taped an investigation they conducted at my home (I never was told of) but when it was brought up at the informal hearing I asked for the tape to be play for I know there is proof I did not say what this investigator reported that I said; that went ignored too. Now as for the Hearing Officer being in a hurry to just end it and submit his report, spot on! He was able to submit it to the agency before closing that same day and the hearing ended with only a little over an hour left before closing time. It is full of incomprehensible sentences, grammatical mistakes, spelling errors and typos. On the date that is set to be when the termination was to occur, instead of January 15, 2012 he writes January 15, 2010! 2 years off!

I have standing!

I tried nicely to write to the director only to get a response saying they reviewed everything from my hearing on Nov 4, 2011 (except my informal hearing was on Dec 20, 2011) an blah blah blah standard issue rejection letter; but even they are not diligent enough in getting the dates correct!

My problem is in case you haven't figured it out, this results in my losing rental assistance provided by the section 8 voucher program. The legal aid society as well as the public law center do not have any attorneys providing assistance to subsized housing recipients since it's not considered an entitlement as well. To add insult to injury, administrative lawyers either work for the government or are not about to take on a case with a client who is essentially broke at the moment and draw up all the paperwork required in a writ petition on contingency when at best all that may be awarded is attorney fees! Yet I was truly wronged and was stripped from assistance provided by a program which although is not an entitlement, I did qualify for and most importantly I ALWAYS FOLLOWED ALL THE RULES! It would be nice if the agency would, but they are not and I unfortunately am at a point where I need this corrected asap! It's almost like they timed it knowing I was down to the last reserves of any type of money to get by on while still searching for a new job, to then kick me to the curb on what appears by the agency employee's staff notes in my file is an unspoken policy that if the tenant reports zero income for 1 year regardless if they report to be surviving on emergency savings they had set aside over the years working, that they automatically submit a request for an investigation for possible fraud! I don't care about making a stink about civil rights violations or whining that it's bias against the poor; I just did not do anything to have been terminated from the program and there is no other way to make them notice or reconsider except Superior Court filed by a girl who has no training or education in law!

Please feel free to chime in on how screwed I am...but if you could help...

If a person has been told by legal aid they have no excuse for not paying rent when I told them I was scheduled for emergency surgery, had asked to please be allowed to pay two weeks late and the apartments were federally funded low income housing , they denied help and also gave incoorect information...I later learned CC 949 provodes a judge to grant help - restore tenancy based on the circumstancesis - my words not exact phrase of code)...Is there any recourse.

After I got out of the hospital, I tried to get help but could not. Then, prior to the time limit, I reported it to HUD who it says online is responsible for fair housing and discrimination and the girl looked and me and said, "so what do you want me to do."

I am ill, unable to fiind help, am greatful I have a place to live in spite of issues here but this has left me in a position where it is close to - if not imposible for me to get any place to live between the eviction and now poor credit from medical bills.

I have sought help on numerous issues that are valid legal issues but civil, many complex and no one will help - they don't deal with those issues, they don't provide contingeny or pro bono, and numerous other reasons . It began when injured - 0 fault hit brom behind - but ins games and unethical lawyers left me literally loosing my home, all I own, my health, and emotional well being. I am 54, alone, dependant on SSDI and section 8 housing, need all my teeth removed because I could not afford to get them fixed when they could be saved, have lost my 4 million inheritance -again, no one will help with due to complexity, legal malpractice from powerful lawfirm and world famous step mother, and several other smaller issues.

It just doesn't seem right or that there would be nothing that could be done. I know life isn't fair and bad things happen but it seems like people who do things that make their problems get more help that those who are so disabled they are unable to do much of anything including get help.

There was some guy who took my stuff, I need to know what to do?

please help me because I don't know what to do...

I received a speeding ticket in November. The officer said �do you realize you were doing 80� I responded , �no sir , I wasn�t and called my parents�. I kept checking online for the ticket, and it was not available until January. I wanted to come to court , but the court date was set for January 12, and my parents decided I could not miss school (I attend Valdosta state, which is 4+ hours away the semester just started that week, but I had to secure classes and get books). I could not attend court, and I didn�t to get into trouble for not paying the fine, so my mother paid it online. Had we known that paying the fine as opposed to going to court, would result in automatic suspension, I would have came home for court, or went back late-school started the same week. As stated I am a full time student attending Valdosta state university. I have off campus housing and I need to be able to go to my classes. I also play for the football team. I was injured last year, had surgery in October, and am now temporarily disabled (I have a temporary handicap status), for which I receive daily therapy on campus. I�m want to formally appeal the decision to suspend my driving privileges, and I hope you will reconsider and/or allow me to drive to school, therapy, and my summer job, which I hope to start as soon as the semester ends.

what are my options

Could you please introduce me to an attorney to accept my case?

To explain extremely briefly, I was doing my PhD in UCSB in mechanical eng (GPA: A+); UCSB suspended me from the school because I did not accept that I am gay and then they gave me an official letter for a hearing in mental hospital but after I released from mental hospital they refused giving me a hearing and they force me to quit the USA in 2 days. I want to solve my problem in USCB hearing as friendly as possible but if I cannot, I want to complain in California court and not only I will pay as a client, the fine for UCSB is also for my lawyer. For more information: please read the fifth post on my facebook wall (name: Mahdi Maleki Tehrani) that 105 students asked USA senator of CA to help me : https://www.facebook.com/profile.php?id=1299221997