Villa v. Hall

Opinion

MOSK, J.

On December 6, 1971, we granted petitioners extraordinary relief in the form of mandamus to compel respondents to administer the state Aid to Families with Dependent Children Program (AFDC)

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so that nonexempt income earned by an AFDC recipient would be deducted from the standard of need table of Welfare and Institutions Code section 11452 and not from the lower statutory maximum table of section 11450. Section 28 of the Welfare Reform Act of 1971 had provided that outside income was to be subtracted from the section 11450 table.

(Villa

v.

Hall

(1971) 6 Cal.3d 227 [98 Cal.Rptr. 460, 490 P.2d 1148].)

Subsequent to our unanimous opinion in this matter, the United States Supreme Court, in

Jefferson

v.

Hackney

(1972) 406 U.S. 535 [32 L.Ed.2d 285, 92 S.Ct. 1724], considered issues comparable to those raised in the original petition herein. Because of the similarity between the instant case and

Jefferson,

the Supreme Court granted a writ of certiorari herein and thereafter vacated our opinion and remanded the matter to

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us for further consideration in light of its later decision in

Jefferson. (Hall

v.

Villa

(1972) 406 U.S. 965 [32 L.Ed.2d 664, 92 S.Ct. 2407].) We have followed that direction.

In our opinion we concluded that petitioners were entitled to relief based on section 402, subdivisions (a)(7), (a)(8), and (a)(23) of the Social Security Act, on the decision of the Supreme Court in

Rosado

v.

Wyman