County of Humboldt v. Swoap

Opinion

CHRISTIAN, J.

Humboldt County appeals from an order awarding attorney’s fees to California Indian Legal Services (hereinafter CILS).

Frank and Cheryl McCovey were receiving from the Humboldt County Welfare Department aid to families with dependent children (AFDC) as well as certain educational grants. The county reduced the AFDC benefit, treating the educational grant as income for AFDC purposes. Administrative proceedings resulted in a determination by the Director of the State Department of Social Welfare upholding the McCoveys’ claim. The county then attacked the decision of the director by a petition of mandamus. The court permitted the McCoveys to intervene in the proceedings; they were represented by CILS. The court upheld the director’s decision and awarded attorney’s fees for services rendered to the McCoveys by CILS.

The county contends that attorney’s.fees may not be awarded to welfare recipients who successfully intervene in judicial proceedings which have been brought to review a decision of the director. Attorney’s fees may generally be awarded only where they are provided for by statute or by contract. (Code Civ. Proc., § 1021.) Welfare and Institutions Code section 10962 provides that in a court proceeding brought to review the director’s disposition of an administrative appeal “The director shall be the sole respondent.... Immediately upon being served the director shall serve a copy of the petition on the other party entitled to judicial review and such party shall have the right to intervene in the proceedings.” It is also provided that “The applicant or recipient shall be entitled to reasonable attorney’s fees and costs, if he obtains a decision in his favor.” It is undisputed that a welfare recipient who successfully attacks by mandamus the director’s decision to reduce or terminate benefits is entitled to attorney’s fees. (See

Roberts

v.

Brian

(1973) 30 Cal.App.3d 427, 431 [106 Cal.Rptr. 360].) The recipient is no less entitled to such fees

[445]

simply because they are payable to a legal aid agency which furnishes its services without charge to the client.