County of Orange v. County of Los Angeles

Belcher, C. This is an action to recover from the defendant the sum of $1,903.70, alleged to be the plaintiff’s proportion of $19,032.43 received from the state of California as repayment of money expended by Los Angeles county in providing for the support of aged persons in indigent circumstances between the thirtieth day of June, 1883, and the eleventh day of March, 1889.

A general demurrer to the complaint was interposed' and sustained, and, plaintiff declining to amend, judgment went for defendant, from which the plaintiff appeals.

The facts alleged in the complaint are in substance as follows:

Orange county was created out of territory which had constituted a part of Los Angeles county, under the provisions of an act of the legislature approved March 11, 1889. After its organization was completed commissioners wrere appointed, as required by the act, to ascertain and adjust the respective liabilities of the two counties. On June 9, 1890, the commissioners made a detailed report of the facts ascertained by them, showing, among other things, that the amount due from Grange county to Los Angeles county, on March 11, 1889, was $15,581. This amount was, however, by a “supplemental report reduced by deducting therefrom $1,500, and the balance so found to be due was thereafter paid by plaintiff to defendant.

In March, 1892, the defendant received from the state of California the sum of $19,032.43 as aid granted by the state, and as repayment of money expended by defendant in providing for the support of aged persons in indigent circumstances for the period of time from the thirtieth day of June, 1883, to the eleventh day of March, 1889.

The money so received by defendant was not included in the division of the assets between the plaintiff and defendant by the said commissioners, and it is alleged, on information and belief, that the claim against the state for such money was not known to exist by either of the [393]parties to the action or by the said commissioners at the time said division of assets was made.

Under the provisions of said act, and under the proportion established by said commissioners, plaintiff is entitled to a little more than one-tenth of said money as its share and proportion thereof, amounting to $1,903.70, for which sum defendant is indebted to plaintiff as for money had and received, with interest thereon.