County of Los Angeles v. Security First National Bank

MOORE, P. J.

This is an action a claim against the estate of decedent Hunt. During a portion of her lifetime the lady was an indigent resident of Los Angeles county, incapacitated by disease or accident and not supported by relatives or friends or by anyone except respondent. While she was so incapacitated and indigent respondent provided her with hospitalization, medical attention, treatments, serums, and other services, in the amount of $2,920.29. In the course of administration of her estate of which she became possessed prior to her demise respondent exhibited at the place designated for the presentation of claims of creditors and filed with the clerk of the superior court its claim comprising an itemized list of the merchandise and services supplied to decedent in accordance with Act 5815, Deering’s General Laws, 1933 Supplement, and sections 2007, 2165, 2222, 2223, 2223.5, 2227, 2576, 2600 and 2603 of the Welfare and Institutions Code. Attached to the claim was decedent’s agreement to pay the county the actual amount of such aid and relief and to reimburse respondent for all charges made for aid and relief under or pursuant to any or all laws of the state, past, present or future, at the rate fixed 'by the board of supervisors. Those laws also authorize aid or relief by counties to such persons or any of them. Such agreement includes a waiver of all statutes of limitation.

While conceding the validity of the waiver appellant contends that respondent’s claim is based upon a “contract liability” rather than on a “statutory liability” and, inasmuch as the claim was filed two and one-half months subsequent to the expiration of the six-month period for filing claims against the estate, that therefore “the complaint substantially fails to state a cause of action,” citing

People

v.

Osgood,

104 Cal.App. 133 [285 P. 753] ;

County of San Luis Obispo

v.

Gage,

139 Cal. 398 [73 P. 174] ;

Reay

v.

Heazelton,

128 Cal. 335 [60 P. 977], (Code Civ. Proc., §§ 315, 317, 345.)

The only special demurrer aimed at the complaint was that “the sums of $73.50, $2.50, $64.47 and $925.38 of the $2,920.29 sum of the claim are barred by the provisions of