Burnham

Plaintiff and appellant Raquel Burnham appeals from a judgment of the San Mateo County Superior Court in favor of defendant and respondent Marion J. Woods, as Director of the State Department of Benefit Payments of the State of California.

Issue Presented

The supplemental payment regulation is invalid.

Record

Appellant filed a petition for writ of mandate and a complaint for declaratory relief seeking to set aside the decision of respondent in connection with her claim of eligibility to receive a supplemental grant payment under the aid to families with dependent children (hereafter AFDC) program and a declaration that regulation 44-315.8 of the Manual of Policies and Procedures (hereafter MPP) is invalid. Respondent answered and after a hearing the superior court judge denied plaintiff’s petition for peremptory writ of mandate and entered judgment in favor of respondent.

Statement of Facts

For several years prior to November 1974, plaintiff and appellant Raquel Burnham was eligible for and was receiving financial assistance for her family under the AFDC program. Until November 22, 1974, appellant’s family budget unit consisted of herself, her spouse, her three…