RONALD D. CARTER VS. STATE OF CALIFORNIA

Matter on calendar for Wednesday, July 9, 2025, Line 1, RESPONDENT STATE OF CALIFORNIA's DEMURRER to PETITION FOR WRIT OF MANDATE/ PROHIBITION/ CERTIFICATION.

Petitioner Ronald D. Carter brings a writ petition seeking restoration of food stamp benefits he contends he accumulated and then lost through cyberfraud. His declaration in support of hearing also contends that added encryption would have prevented the loss. Respondent the State of California demurs to the petition.

For the reasons stated herein, the court sustains the demurrer with leave to amend. To the extent Mr. Carter seeks reimbursement of his benefits from the State, he has failed to allege compliance with the Government Claims Act, which first requires him to present a written claim to recover money.

Mr. Carter styles his petition as a writ of mandamus. A court may only issue a writ of mandamus to compel a public agency's compliance with a mandatory duty. (See Code of Civil Procedure section 1085, subd. (a).) Enacting new legislation to prevent cyberfraud is not a mandatory duty by the Legislature or the State's administrative agencies; courts may not compel policymaking bodies to adopt one policy or another.

The term "writ" is also sometimes used in the trial court to refer to a writ of administrative mandamus, which exists to correct abuses of discretion in administrative orders issued by boards, commissions, or public officials. (Id. section 1094.5, subd. (a).) Mr. Carter has not alleged any such administrative order exists.

The demurrer is sustained. Mr. Carter is given leave to amend within 30 days of entry of this order.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.