County of Tulare v. County of Kern

California Court of Appeal Jun 6, 1933 No. Docket No. 784.Published

Before: Jennings

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Holding. The court held that a county may maintain an action for money had and received against another county that erroneously received funds belonging to the plaintiff, and that Section 4123 of the Political Code does not bar such an action.

Issues

Whether a county may maintain an action for money had and received against another county for funds erroneously paid to the latter by the state.
Whether Section 4123 of the Political Code provides the exclusive remedy for the recovery of money erroneously paid into a county treasury.

Disposition. reversed

Quotations verified verbatim against the opinion

“It was long ago decided that an action for money had and received may be maintained by one county against another in a proper ease”

“The section does not purport to establish a rule of substantive law. It is wholly adjective in character.”

“Appellant’s right to recover the money here sought to be recovered is not dependent on any statute. It is based upon a fundamental principle of equity”

JENNINGS, J.

Plaintiff instituted this action to recover from defendant the sum of $1379.71 paid to said defendant by the state controller of the state of California in distributing the motor vehicle fuel fund collected by the state of California for the year 1929. The defendant interposed a demurrer to the complaint on the ground that the complaint failed to state facts which were sufficient to constitute a cause of action against the defendant. The demurrer was sustained without leave to amend. Prom the order sustaining the demurrer and dismissing the action plaintiff appeals.

The complaint, which was held to be vulnerable to the attack presented by respondent’s general demurrer alleges that in the year 1929- there were certain persons, firms and corporations who were actually residents of the County of

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Tulare but who, in applying to the motor vehicle department of California" for registration of motor vehicles owned by them stated their postof6.ce addresses to be in the city of Delano, which is located in the adjoining County of Kern; that the state of California, acting through its state controller in distributing the motor vehicle fuel fund for the year 1929, counted and allotted to the County of Kern all of the motor vehicles owned by the aforesaid residents of Tulare County and paid to said County of Kern that portion of said fund which was based on the motor vehicles so owned and registered by actual residents of Tulare County; that the amount of money thus paid to and received by Kern County which should have been paid by the state of California to Tulare County amounted to $1379.71; that the County of Tulare filed with the County of Kern claims upon blanks provided by the County of Kern demanding payment of the sums which aggregated the aforesaid amount and these claims were rejected by the County of Kern and the rejection of the claims thus made was not based upon any defect in form or itemization of said claims. The prayer of the complaint is for judgment against respondent in the sum of $1379.71, together with interest and costs.

It is apparent that the cause of action stated in the complaint is the ordinary cause of action for money had and received. The basis of such a cause of action is that the defendant has received money which belongs to the plaintiff and which in equity and good conscience he ought to pay to the plaintiff

County of Tulare v. County of Kern

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JENNINGS, J.

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