Ferreira

Ferreira v. Swoap

Good Law
133 Cal. Rptr. 449·1976 Cal. App. LEXIS 1963·62 Cal. App. 3d 875
Court of Appeal of CaliforniaOctober 19, 1976Civ. No. 37213California2,874 words

Opinion

Lead Opinion

Taylor, J.

*878 Opinion

Ferreira appeals from a judgment denying a petition for writ of mandamus in which he sought an order commanding respondent Swoap, then Director of the State Department of Social Welfare (hereafter Director), to set aside an order and decision issued on August 7, 1973, in which the Director found Ferreira ineligible for aid to the needy disabled (ATD), as then provided by sections 13501 and 13550 1 of the Welfare and Institutions Code. He contends that the Director refused to follow the department’s own guidelines, based his denial on isolated statements in the record, and that he was entitled to costs and reasonable attorney’s fees, as well as interest on back payments. For the reasons set forth below, we have concluded that the judgment must be reversed.

The record reflects that on February 18, 1972, Ferreira, who' was bom October 3, 1919, applied for ATD in San Francisco. In his statement of facts regarding disability dated March 30, 1972, Ferreira indicated that he lived with his wife and four children and was unable to perform on a regular basis any of 16 enumerated housekeeping tasks. His only education was comprised of the sixth grade which he finished at age…

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