Luna

On May 3, 1971, Sacramento County proposed to discontinue plaintiff Juana Luna’s aid for dependent children effective May 31, 1971. Plaintiff requested a hearing before a referee of the State Department of Social Welfare. Such hearing took place and the referee’s decision adverse to plaintiff was adopted by the Director of the Department of Social Welfare, defendant herein.

Support payments were discontinued and plaintiff sought judicial review of defendant’s decision in the form of a petition for a writ of mandamus as permitted by Welfare and Institutions Code section 10962. An alternative writ was issued and in a hearing thereon, after some confusion in trial procedures not here pertinent, the court ruled in favor of the plaintiff and ordered payment of the aid for dependent children payments withheld from December 15, 1972, to February 28, 1973, with interest thereon at 7 percent for said period and attorney fees in the amount of $350. Plaintiff was at all times represented by the Sacramento County Legal Aid Society which was fully funded from grants from the United States Office of Economic Opportunity and represented plaintiff without charge as it was required to…