Garcia v. Superior Court

MARKS, J.

This is a proceeding in

mandamus

instituted in this court to compel respondents to bring in other parties by way of cross-complaint in an action brought against petitioner by the county of San Bernardino.

Margaret Garcia was an aged widow, a resident of San Bernardino, and was without means of support. She had four children; petitioner, Lewis V. Garcia, a son; Margaret Garcia, Mrs. Helen Gorman and Mrs. Florestine Stalheber, her adult daughters, all residents of California.

Mrs. Garcia had been granted aid under the provisions of the Welfare and Institutions Code and was receiving $24.20 per month. Under the provisions of section 2224 of that code, as amended in 1940, the board of supervisors of San Bernardino County made an investigation and found that Lewis V. Garcia had filed an income tax return under the Personal Income Tax Act of California. The board then instructed the district attorney of San Bernardino County to file suit against Lewis V. Garcia to obtain judgment for the money the county had advanced and was going to advance to his mother. This action was filed against Lewis V. Garcia, alone, in February, 1941. Garcia appeared and sought leave

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to file a cross-complaint bringing his three sisters in as cross-defendants. Leave to do so was denied him and he brought this proceeding to compel the Superior Court of San Bernardino County to permit him to file the cross-complaint and bring into the action the other children of Mrs. Garcia so that the liability of each child to contribute to her support might be determined in the one action.

It is alleged in the cross-complaint that the four persons already named are the four adult children of Mrs. Garcia; that they are residents of the State of California; that on December 24, 1940, an agreement was entered into between Lewis V. Garcia and the Welfare Department of San Bernardino County wherein it was determined that the sum of $40 per month was a proper amount to be contributed by the four children of Mrs. Garcia for her support, which was to be apportioned as follows: Lewis V. Garcia $20, Helen Gorman $5, Florestine Stalheber $5, and. Margaret Garcia $10, to be paid by furnishing rent and paying certain insurance premiums; that Lewis V. Garcia and Margaret Garcia paid the contributions specified but that Helen Gorman and Florestine Stalheber failed and refused to pay theirs; that they are pecuniarily able to make the payments.