Bila v. Young

GIBSON, C. J.

In this mandamus proceeding, petitioner sought to compel the respondent Social Welfare Board, and its individual members, to make an award of old age security payments in the sum of $40 a month. Pursuant to the provisions of the Welfare and Institutions Code (Stats. 1937, ch. 369, as amended), petitioner made application in March, 1939, to the Board of Supervisors of Los Angeles County for monthly old age security payments. After extensive investigation on the part of the board this application was denied in October, 1939. Thereafter, as provided in Welf. & Inst. Code, § 2182, an appeal was taken from the decision of the board of supervisors to the respondent board. The appeal was dismissed after a hearing thereon as provided by statute and the present action was then instituted.

The Social Welfare Board (hereafter called the Board) demurred to the first amended petition for a writ of mandate. After further amendment, the demurrer was overruled and an answer was filed. The evidence presented consisted of the

[867]

transcript of proceedings before the Board. Thereafter judgment was rendered in favor of petitioner, and the Board brought this appeal upon a bill of exceptions in which the specifications of error challenged the court’s power to review the Board’s action and the sufficiency of the evidence to support the judgment.

Insofar as respondent’s first specification of error is concerned, we think the trial court was clearly correct in holding that the petition states a cause of action entitling the court to examine the action of the Board. Under the allegations of the petition a question of law is presented as to whether the Board properly interpreted the provisions of the statute under which it operates. Thus, it is alleged that the Board acted arbitrarily and capriciously in that it “made the granting of old age security to your petitioner contingent upon your petitioner securing a life estate in certain property of which she was not the owner; that such a contingency was not then and is not now a requirement for the securing of old age security under the Social Welfare Act.” Where the action of an administrative board involves construction of the statute under which it functions, a question of law is presented which may be reviewed upon mandate under the procedure existing in this state.