County of Santa Clara v. Robbiano

STONE, J. pro tem.

*

This appeal is taken on an agreed statement of facts, the pertinent portions of which follow:

“This action was brought on August 31, 1956, by the County of Santa Clara, as plaintiff, against Pete Robbiano, Executor of the Estate of Jean F. Deray, deceased, as defendant, seeking a judgment against the estate in behalf of the County in the sum of Twenty Five Thousand One Hundred and Forty One Dollars ($25,141.00) alleged to have been expended by the County for indigent and medical assistance and services rendered up to and including October 14, 1955.

“The decedent died on or about October 14, 1955, and at the time of his death he was an inmate of the County Hospital of Santa Clara County and receiving medical care and treatment. Thereafter, on or about November 1, 1955, the defendant qualified as executor of the estate of the deceased. Due and regular Notice to Creditors of the deceased was first published on November 4, 1955. On May 22, 1956, over six (6) months after first publication of Notice to Creditors, plaintiff filed a written claim against the estate for hospitalization in the sum of Twenty Five Thousand One Hundred and Forty One Dollars ($25,141.00). This claim was rejected by the executor of the estate on or about June 4, 1956.

“The assets of the estate of Jean F. Deray at the time of his death consisted primarily of a small parcel of residential real property which was his home and which had stood of record for several years prior to the receiving of aid from plaintiff. This property was liquidated during administration and the assets now consist entirely of cash in the amount of Seven Thousand Two Hundred Sixty Nine Dollars and Eighteen Cents ($7,269.18).

“There was never any written agreement whereby Jean F. Deray agreed to reimburse the County of Santa Clara for any aid rendered. There was never any concealment of assets by Jean F. Deray, and at no time did Jean F. Deray misrepresent his assets or financial condition to any agent of the County of

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Santa Clara. Neither did Jean F. Deray acquire property, real or personal, after receiving any aid from the County of Santa Clara.

“Trial of this action was held on November 18, 1958, in the Superior Court of the State of California in and for the County of Santa Clara before the Honorable Marshall S. Hall. The parties stipulated that the reasonable amount and value for services received by the decedent from the County of Santa Clara within the four year period next preceding the death of decedent was Seventeen Thousand Four Hundred Ninety Six Dollars ($17,496.00), and for the purposes of the action, no other amount was involved since the value of the estate was considerably less.