Tyler

Tyler v. State of California

Good Law
134 Cal. App. 3d 973·185 Cal. Rptr. 49·1982 Cal. App. LEXIS 1868
Court of Appeal of CaliforniaAugust 12, 1982Civ. 54170California1,714 words

Opinion

Opinion

Caldecott, J.

Plaintiff W. L. Tyler, Jr., appeals from the trial court’s judgment dismissing the action after defendant State of California’s demurrer to the complaint was sustained with leave to amend and Tyler failed to amend the complaint within the time prescribed.

The undisputed facts reveal that appellant, a California resident, owed an obligation for child support payments received on behalf of his minor child under the aid to families with dependent children (AFDC) program ( 42 U.S.C. §§ 651-662 ; Welf. & Inst. Code, §§ 11475-11489). Appellant’s obligation had been established by judgment rendered in favor of Alameda County (action No. 489185) and by operation of law was assigned to respondent State of California (Welf. & Inst. Code, §11477; County of Santa Clara v. Support, Inc. (1979) 89 Cal.App.3d 687 [ 152 Cal.Rptr. 754 ]; In re Marriage of Shore (1977) 71 Cal.App. 3d 290 [ 139 Cal.Rptr. 349 ]).

In 1979, appellant overpaid his state income tax by the sum of $321. Since appellant owed respondent an accumulated sum of $1,644 under the aforesaid judgment, the State Controller and the Department of Social Services offset the amount of tax refund against appellant’s…

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