Boehm

Boehm v. County of Merced

Bad Law
163 Cal. App. 3d 447·1985 Cal. App. LEXIS 1506·209 Cal. Rptr. 530
Court of Appeal of CaliforniaJanuary 7, 1985F003195California3,070 words

Opinion

Opinion

Hamlin, J.

Plaintiffs appeal from a Merced County Superior Court judgment denying injunctive relief from a reduction in Merced County’s general assistance grant levels for its indigent residents.

The principal issue on appeal is whether defendants acted arbitrarily and capriciously in reducing Merced County’s general assistance grant levels without a factual determination of the minimum subsistence needs of its residents. We will conclude that defendants’ action was arbitrary and reverse the judgment.

Factual and Procedural Background

On May 24, 1983, the Merced County Board of Supervisors (the board) reduced county general assistance grant levels for indigent county residents from $198 per month per individual, a level which had not been increased since 1981, to $175 per month, with proportional reductions for larger family sizes. This 12 percent reduction became effective July 1, 1983.

On June 23, 1983, plaintiffs, who are indigent residents of Merced County and recipients of general assistance, filed this action for injunctive and declaratory relief. The trial court denied plaintiffs’ request for a temporary restraining order and issued an order to show cause re preliminary…

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