You Can Only Ask Once.

Hi-Desert Med. Cntr. v. Douglas, No. 253268 (D2d2, as modified, Sept. 15, 2015)

Some hospitals challenged the enforcement of a state Medicaid law. They took a two-pronged attack. First, they filed mandamus proceedings in Superior Court, seeking to enjoin the enforcement of the statute. They did not, however, seek damages in mandamus. Instead, they also filed administrative actions with the California Department of Health Care Services, seeking to have certain funds refunded, based on their theory that the law was unenforceable. They agreed to stay their admin proceeding pending the action on their writ.