I concur. My concurrence is bottomed on the posture of this case as a “class action” as certified.1
However, I disagree with the statement in the lead opinion that “It appears to this court that there can be no reason for the adoption of [Manual of Policies and Procedures: Operations, section] 22-022.51, except to reduce the number of instances where a hearing would be afforded to welfare recipients prior to effecting the intended change.” This paints a picture of a heartless Director of the State Department of Social Services and those who promulgated section 22-022.51 as totally lacking in compassion with the truly needy. To the contrary I view section 22-022.51 as a good faith effort by the State Department of Social Services, which is a fiduciary of public funds, to get a handle on the waste of public funds through fraud or overpayment to those not legally entitled to such benefits.
Moreover, although the procedures in place to recoup overpayments by reducing current payments due recipients or court action for restitution may mitigate some loss of public funds, it undoubtedly “makes work” for the department and will in all likelihood never result in total recovery. Accordingly, the Department of Social Services may wish to go back to the drawing board and streamline its procedures by revising its Manual of Policies and Procedures by possibly reducing the time periods between the time the information is received by the department which triggers “intended action to discontinue, terminate, suspend or reduce assistance,” and the date of effective action and the hearing date *681(where applicable) but, of course, subject to the “timely” notice requirement.2
A petition for a rehearing was denied April 7, 1982, and on March 31, 1982, the judgment was modified to read as printed above.
Assuming, arguendo, in the instant case that such notice was “timely” given by mail as to the date of effective action, the fact that plaintiff Harley maintained a post office box (for whatever reason) and did not clear his post office box within the prescribed time would not preclude the department from taking the action intended on the action date.
Nor would such “timely” notice to plaintiff Ortiz preclude the department from taking the intended action because the notice was printed in English which she apparently could not read. English is the official language. She could have easily found someone to translate it for her.
In my view the notice would be “timely” if, due to the vagaries of the postal service, it is mailed earlier than 20 days before the date of effective action in view of California Code of Civil Procedure section 1005, as amended.