Cano v. State Board of Control

Opinion

NARES, J.

This case concerns the interpretation of Government Code section 13960. Appellants David Cano, Sr., Ariel Cano, and David Cano, Jr., (collectively, the Canos) first submitted a claim for indemnification from the crime victims’ Restitution Fund established by Government Code section 13960 et seq.

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Relying on its interpretation of the statutes, the claim was thereafter denied by respondents State Board of Control (Board). The Canos then sought a writ of mandate in superior court, which was denied. The Canos appeal. We affirm.

Background

Vincent Rodriguez was murdered on November 21, 1987, thus becoming a victim of crime as defined by section 13960, subdivision (a)(1),

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that is, “[a] person who sustains injury or death as a direct result of crime.” (Hereinafter, a direct victim.) His surviving sister, Linda Rodriguez, was

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later compensated for mental health expenses because she also was a “victim” as defined by section 13960, subdivision (a)(4), that is, a “family member [who] has incurred emotional injury as a result of the crime.” (Hereinafter, a derivative victim.)

Linda Rodriguez has two children by her common law husband, David Cano, Sr. The three Canos were denied compensation they had sought under section 13960, subdivision (a)(3), claiming they were persons whose “presence during treatment of the victim [Linda Rodriguez] is medically required for the successful treatment of the victim.” The Board determined the Canos were ineligible because section 13960, subdivision (a)(3) limits such compensation only to those persons whose presence is medically necessary for treatment of a subdivision (a)(1) direct victim.

The Canos challenge the Board’s interpretation of the governing statute, and in the alternative assert the Board’s actions constituted improper administrative rulemaking. In light of our resolution of the statutory interpretation question, we do not reach the alternative contentions.