Kaiser

Does “emancipation” of a minor by agreement with his mother relieve her of liability for his support? Does a recent decision (Department of Mental Hygiene v. Kirchner, 60 Cal.2d 716 [ 36 Cal.Rptr. 488 , 388 P.2d 720 ]) bar recovery from her by the county for his treat ment, in a county hospital, for physical ailments? These are the questions on this appeal.

■ Defendant, a widow, is the mother of Philip Kaiser, who was born August 3, 1942. He was seriously injured in an automobile accident August 13, 1962, and was treated for some time in a private hospital. On November 28, 1962, defendant made written application for county medical care for her son, representing that she had very little money or property. The next day, Philip was admitted to the county hospital, and remained hospitalized through March 28, 1963. Shortly after his admission, county officials learned that defendant had withdrawn a large amount from a bank account not listed in her financial statement. The board of supervisors then determined that defendant had financial ability to support her son (Welf. & Inst. Code, § 2576), and this action for $3,172.50 was filed in the municipal court.

At trial, defendant…