California Department of Social Services - State Hearings Division
Notes from the Training Bureau - May 28, 1999

In Lomeli v. Anderson, the Sacramento Superior Court ordered the CDSS to cease collecting any food stamp overissuances that were caused by either county or household error (but not caused by an Intentional Program Violation) until Food Stamp repayment notices are amended to advise "recipients" of the counties (on behalf of CDSS) authority to settle or compromise a claim to recoup the overissuance.

The CDSS has appealed the Lomeli decision. Judges should continue to evaluate food stamp overissuance cases as they have in the past without regard to Lomeli. These "Notes" will advise of future developments on this case.