Patten v. County of San Diego

GRIFFIN, J.

The appellant was a recipient of county general relief under section 2500 of the Welfare and Institutions Code, and failed to report the fact that he had received certain sums of money from his sister. For such failure the payment of general relief was discontinued. On July 10, 1950, appellant instituted mandate proceedings against the respondent county of San Diego to compel it to restore appellant to indigent relief “in such amount as he is entitled,” and “subject to certain conditions.”

At the trial appellant offered no evidence. Respondent stipulated appellant was an indigent and was then entitled to relief as a recipient under the aforementioned section. Judgment was entered on July 12, ordering the issuance of the writ, i.e., that plaintiff be restored subject to conditions imposed by law notwithstanding his past failure to disclose receipt of contributions. Thereafter, on August 9, appellant moved to vacate the judgment and moved to have the original judgment amended so as to order the respondent to pay appellant a specific sum of $157 on account of money advanced to appellant by third parties in “maintaining his illness, during this dispute,” plus the amount of relief money he would have received had he not been removed from the relief roll. The motion was denied and appellant appeals from that order.

The contention is that the trial court erred in the original judgment by not ordering the county to pay to appellant retroactive payments of relief because the actions of respondents county of San Diego and Department of Public Welfare, in disallowing his relief were “arbitrary and capricious.”

No evidence was introduced on this subject and the trial court made no such finding. There is nothing in the record and plaintiff has pointed to no evidence or finding that might imply the order was based upon such grounds. This contention therefore must fail.

[470]

Plaintiff’s argument that the trial court denied the motion on the ground that it believed it had no jurisdiction to act since the original judgment became final is subject to the same disposition for the same reason that there was no evidence that the finding was based on that ground.

The next point is that the court was bound to order restoration of back payment since the provisions of section 2500 of the Welfare and Institutions Code were mandatory under the decision of