Board of Social Welfare v. County of Los Angeles

Good Law
1945 Cal. LEXIS 219·27 Cal. 2d 81·162 P.2d 630
Supreme Court of CaliforniaOctober 16, 1945S. F. No. 17111California3,129 words

Opinion

lead Opinion

Schauer, J.

Petitioner, the Board of Social Welfare of this state (hereinafter sometimes termed the welfare hoard), by this original mandamus proceeding seeks to compel respondents, the County of Los Angeles, its board of supervisors, and its auditor, to make certain payments of public aid which were ordered retroactively by petitioner. Three separate factual situations in which respondents have refused to make payments ordered by the welfare board are presented. For the reasons hereinafter stated we have concluded that in each case petitioner’s position must be sustained and its order complied with by respondents. Although the same basic principles control the several cases their respective problems vary sufficiently to make it expedient to discuss each ease individually.

The Holmes Case

The first case is that of one Ira K. Holmes, who, on September 4, 1941, filed an application with the board of supervisors for aid as a needy aged person, pursuant to the provisions of the California Old Age Security Law (Welf. & Inst. Code, div. III). From March 1, 1942, to November 30,1943, Holmes, in accordance with the determination of such board received aid in certain sums, never more than $40 a…

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