Hennagin
Hennagin v. County of Yolo
Opinion
Opinion
Wilkins, J.
MEMORANDUM AND ORDER
The above-entitled action came before the Court for a May 7, 1979 hearing on the parties’ cross motions for summary judgment or partial summary judgment. The Social Security Administration was granted leave to file an amicus brief of its position in the matter by Friday, May 11,1979, after which time the matter was submitted for decision.
The parties are in agreement that there are no disputed issues of fact, but only of law; therefore, resolution of the controversy by summary judgment is appropriate. The sole legal issue before the Court is which of the parties is entitled to a $5,549.00 check representing retroactive disability benefits for the children of Frank Hennagin (plaintiffs herein) payable as a result of Frank’s disability. Plaintiff Connie Hennagin (mother of the children) signed the check over to defendants on June 23, 1978, and those funds remain in the possession of defendants.
Under 42 U.S.C. § 602 (a)(26)(A) and California Welfare & Institutions Code § 11477, an assignment by operation of law arises in favor of defendants to “any rights to support from any other person” which an AFDC recipient (plaintiffs here) may have. However, under 42…