County of Alameda v. Kaiser

DRAPER, P. J.

Does “emancipation” of a minor by agreement with his mother relieve her of liability for his support? Does a recent decision

(Department of Mental Hygiene

v.

Kirchner,

60 Cal.2d 716 [36 Cal.Rptr. 488, 388 P.2d 720]) bar recovery from her by the county for his treat

[816]

ment, in a county hospital, for physical ailments? These are the questions on this appeal.

■ Defendant, a widow, is the mother of Philip Kaiser, who was born August 3, 1942. He was seriously injured in an automobile accident August 13, 1962, and was treated for some time in a private hospital. On November 28, 1962, defendant made written application for county medical care for her son, representing that she had very little money or property. The next day, Philip was admitted to the county hospital, and remained hospitalized through March 28, 1963. Shortly after his admission, county officials learned that defendant had withdrawn a large amount from a bank account not listed in her financial statement. The board of supervisors then determined that defendant had financial ability to support her son (Welf. & Inst. Code, § 2576), and this action for $3,172.50 was filed in the municipal court.

At trial, defendant testified that Philip had left home in February 1962 and had resided with an aunt to the time of his injury. He had some employment while living with the aunt, but the record does not show the amount of his earnings or whether he paid the aunt for board or room. His mother had neither contributed to his support nor asked for any part of his earnings, and testified “He was living on his own, apart, permanently.” The trial court concluded that the son had been “emancipated”, and thus must be treated as an adult. On the theory that

Kirchner

barred recovery under these circumstances, judgment was entered for defendant. Hence, the evidence of defendant’s financial ability is but sketchy. Plaintiff appealed. The appellate department expressed doubt as to the determination of “emancipation” but, assuming the son to be deemed an adult, held that