Swoap
County of Humboldt v. Swoap
Opinion
Opinion
Christian, J.
Humboldt County appeals from an order awarding attorney’s fees to California Indian Legal Services (hereinafter CILS).
Frank and Cheryl McCovey were receiving from the Humboldt County Welfare Department aid to families with dependent children (AFDC) as well as certain educational grants. The county reduced the AFDC benefit, treating the educational grant as income for AFDC purposes. Administrative proceedings resulted in a determination by the Director of the State Department of Social Welfare upholding the McCoveys’ claim. The county then attacked the decision of the director by a petition of mandamus. The court permitted the McCoveys to intervene in the proceedings; they were represented by CILS. The court upheld the director’s decision and awarded attorney’s fees for services rendered to the McCoveys by CILS.
The county contends that attorney’s.fees may not be awarded to welfare recipients who successfully intervene in judicial proceedings which have been brought to review a decision of the director. Attorney’s fees may generally be awarded only where they are provided for by statute or by contract. (Code Civ. Proc., § 1021.) Welfare and Institutions Code section…