County of Alameda v. State Board of Control

Good Law
14 Cal. App. 4th 1096·18 Cal. Rptr. 2d 487·1993 Cal. App. LEXIS 360·93 Daily Journal DAR 4224
Court of Appeal of CaliforniaApril 1, 1993A055071California5,772 words

Opinion

Opinion

Stein, J.

The State Board of Control and several of its members (hereinafter collectively referred to as the Board) appeal from a judgment compelling the Board to deem the cost of medical services provided to indigent crime victims at Highland General Hospital in the County of Alameda, a “pecuniary loss” as defined by Government Code section 13960, subdivision (d).

We will hold that neither the County of Alameda nor Don Perata, as a member of the board of supervisors and a county taxpayer, has standing to assert the claims of medically indigent crime victims for compensation from the Restitution Fund. We will further hold that the trial court erred in finding that medically indigent crime victims, who are provided medical services by the county hospital pursuant to Welfare and Institutions Code section 17000, have suffered a “pecuniary loss” within the meaning of Government Code sections 13959 and 13960.

Facts

On June 1, 1989, the County of Alameda and Don Perata, chairman of the county board of supervisors (hereinafter collectively referred to as the County) filed this complaint seeking injunctive and declaratory relief against the Board. The Board initially demurred to the…

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