County of Fresno v. Kahn

[214]

WOOD, P. J.

Demurrer of defendants Kahn to the amended complaint was sustained. Plaintiff did not amend within the time provided by law, and judgment of dismissal was entered. Plaintiff appeals from the judgment.

This is an action to foreclose a mortgage which was executed by Nazzarena Persicone as security for payment of money expended by plaintiff on her behalf.

The first amended complaint alleged in substance, as follows : On June 15, 1955, Nazzarena Persicone, in order to give security to the plaintiff county for money expended, and to be expended, on her behalf for hospitalization, medical treatment, drugs, food and shelter, executed an indenture whereby she mortgaged to the county all real property which she then owned or which she might thereafter acquire, and specifically real property in the County of Santa Barbara (specifically described in the amended complaint). On July 7, 1955, the mortgage was recorded in Santa Barbara County. A copy of said mortgage is attached to the complaint as a part thereof. Between April 25, 1950, and August 1, 1952, the county, through its general hospital, rendered goods and services to said Nazzarena Persicone at a cost to the county of $2,250. Between June 29, 1955, and July 29, 1956, the county, through said hospital, rendered hospitalization, medical treatment, drugs, food and shelter to her at a cost to the county of $4,210.80. The total cost of aid rendered to her during those periods was $6,460.80. On June 15, 1955 (date of mortgage), Nazzarena Persicone, Angelo Persicone, and Francis Persicone were owners in joint tenancy of said described real property. Thereafter, about June 21, 1955, Nazzarena, Angelo, and Francis Persicone jointly entered into a written agreement with Wiley and Alice Burrows by the terms of which Nazzarena, Angelo, and Francis Persicone, for a lawful consideration, agreed to sell and convey title to the real property to said persons. Pursuant to the agreement, said persons entered into possession of the property and commenced making payments to the Persicones, according to the agreement. On March 2,1956, said agreement was recorded in Santa Barbara County. On July 29, 1956, Nazzarena Persicone died in Fresno County. On July 8, 1959, T. M. Robinson, Jr., was appointed administrator of her estate by the Superior Court of Fresno County, and he is now acting as such administrator. On July 14, 1959, plaintiff filed, with the probate clerk of that county, a claim against the estate of Nazzarena Persicone for the aforesaid sum of $4,210.80 and presented a copy of the