Kolts

Under section 6650, Welfare and Institutions Code, the Department of Mental Hygiene of the State of California sued to recover from the estate of Carl B. Worthen, deceased, the sum of $12,622.30. Plaintiff appeals from order of dismissal after order sustaining demurrer without leave to amend on the ground that section 6650 is unconstitutional under the equal protection clause of the Constitution. (Department of Mental Hygiene v. Kirchner, 62 Cal.2d 586 [ 43 Cal.Rptr. 329 , 400 P.2d 321 ]; 60 Cal.2d 716 [ 36 Cal.Rptr. 488 , 388 P.2d 720 ].)

Worthen was the husband of Harriet who, on November 5, 1917, was adjudged by the superior court to be an insane person and ordered committed to a state hospital where she has since remained. In the judgment and commitment entered November 5, 1917, Worthen was not ordered to pay for the care and support of his wife, but in Statement of Financial Ability attached to the judgment the court found that Worthen was ££ financially able to pay for the support of said patient at the Hospital the sum of $15 per month”; after the judge's signature, appears the following: <£I approve of the above charges and agree to pay same on demand. (Signature) Carl B.…