Berlin

Berlin v. McMahon

Good Law
1994 Cal. App. LEXIS 647·26 Cal. App. 4th 66·31 Cal. Rptr. 2d 427·94 Daily Journal DAR 8771·94 Cal. Daily Op. Serv. 4790
Court of Appeal of CaliforniaJune 10, 1994B076133California3,625 words

Opinion

Opinion

Yegan, J.

— Marie Berlin appeals after the superior court denied her mandamus petition to set aside a Department of Social Services (DSS) administrative decision reducing her grant for Aid to Families with Dependent Children (AFDC). (Code Civ. Proc., § 1094.5; Welf. & Inst. Code, § 10963.) Appellant receives AFDC benefits and operates a custom T-shirt business out of her home. The amount of the AFDC grant is based on appellant’s net business income.

DSS reduced appellant’s AFDC grant from $1,057 to $731 for the month of June 1990 because appellant received income from her business. The trial court, in denying the petition for writ of mandate, ruled that appellant could not use an accrual accounting system to defer reportable business income and expenses. We affirm.

The instant appeal arises out of two administrative hearings concerning appellant’s June 1990 AFDC grant. In May 1990, the Ventura County Welfare Department (County) proposed to reduce the grant from $1,057 to $731. (§ 11004, subd. (e).) Appellant brought an administrative appeal, claiming that the county had miscalculated her net business income and AFDC grant. (§ 10950.) The administrative law judge (ALJ), in a…

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