Malaspino v. Superior Court

SCHOTTKY, J. pro tem. Harry B. Riley, as State Controller of the State of California, commenced an action in the Justice’s Court of Sacramento Township, against the administrator of the estate of Theresa Guiffra, deceased, petitioner herein, to recover the sum of $896.13, upon a claim filed by the Department of Institutions against said estate, for the care and maintenance of an incompetent daughter of said deceased, in a state hospital. The administrator demurred to the complaint, which demurrer was overruled, an answer was filed, and, upon trial, the justice’s court rendered judgment in favor of plaintiff. An appeal was taken to the Superior Court of Sacramento County on questions of law and fact, and, after trial, judgment was rendered in favor of plaintiff. Petitioner has filed in this court a petition for a writ of review, and seeks therein to have the judgment against him annulled, upon the ground that the superior court, “in rendering said judgment against petitioner acted without and in excess of the jurisdiction of said court and judge.”

Petitioner contends that the State Controller had no legal capacity to sue, but that the Department of Institutions, under section 6658 of the Welfare and Institutions Code, had the exclusive right to commence such an action, and therefore, neither the justice’s court nor the superior court, had jurisdiction to enter a judgment. He asserts that under section 6658 of the Welfare and Institutions Code, and the section immediately preceding it, the liability for the support of an insane person committed to a state hospital is created, and that the Department of Institutions has the exclusive right to commence an action to recover for such support.

[173]Said section 6658 reads as follows:

“The Department of Institutions may in its own name bring an action to enforce payment for the cost of determining the insanity of any person and securing his admission into a State hospital when his estate or any person is liable for the same, or to recover for the use and benefit of any State hospital or for the State the amount due for the care, support, maintenance, and expenses of any patient or inmate therein, against any county, or officer thereof, or against any person, guardian, or relative liable for such care, support, maintenance, and expenses.”

It will be noted that the section quoted states that the Department of Institutions may bring such an action, but we find no language in such section, or elsewhere in the Welfare and Institutions Code, that gives said department the exclusive right to commence the action. It must be borne in mind that the liability in question is one that is due to the State of California, and not to the Department of Institutions, and that what is here involved is merely the right to commence an action to recover the amount determined by the investigation of the Department of Institutions to be due to the State of California.