Pearson

Pearson v. State Social Welfare Board

Good Law
1960 Cal. LEXIS 158·5 Cal. Rptr. 553·54 Cal. 2d 184·353 P.2d 33
Supreme Court of CaliforniaMay 20, 1960L. A. No. 25741California11,425 words

Opinion

lead Opinion

White, J.

The Los Angeles County Bureau of Public Assistance terminated the old-age assistance payments of respondents Tyson A. Pearson and Ida C. Pearson effective August 31, 1957, because of their alleged failure to comply with regulations of the appellant State Social Welfare Board. The action of the county board was affirmed on appeal by the state board and request for rehearing by the state board was denied. The Pearsons then commenced this action in the superior court, pursuant to section 104.2 1 of the Welfare and *189 Institutions Code, to review questions of law. From an adverse judgment of that court the state board has appealed.

The narrow issue presented is the validity of Regulations A-133.10 and A-133.40 of the state board, prescribing the circumstances when resources owned by applicants for or recipients of old-age assistance may be required to be utilized through the sale thereof, as measured by the provisions of section 2164 of the Welfare and Institutions Code. (Unless otherwise noted all references in this opinion are to that code.)

Section 2164 provides that: “No aid under this chapter shall be granted or paid to any person who owns real property the assessed value of…

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