Nelson v. Board of Supervisors

Plaintiffs Joyce Nelson et al. appeal a judgment dismissing their lawsuit for mandate, injunction and declaratory relief after the superior court sustained without leave to amend the demurrer of defendants San Diego County Board of Supervisors et al. (County). Plaintiffs’ lawsuit challenges as statutorily and constitutionally invalid the County’s regulations terminating general relief payments to any recipient not obtaining a “valid address” within 60 days. 1 We reverse the judgment of dismissal and direct the superior court to enter an order overruling the County’s demurrer.

I

In November 1985 plaintiffs filed a complaint against the County.

In their first cause of action for mandate under Code of Civil Procedure section 1085, plaintiffs alleged: Before June 1, 1985, the County denied general relief benefits to all eligible applicants and recipients without a valid address. Since June 1, 1985, the County has denied general relief benefits to otherwise eligible applicants and recipients who do not have a valid address within 60 days. The County’s actions in not providing general relief benefits to homeless but eligible residents violate its statutory duties under…