County of Los Angeles v. Kasparian

VALLÉE, J.

Appeal by defendant from an adverse judgment in an action to recover aid paid by the county of Los Angeles to his father and mother under the Old Age Security Law. (Welf. & Inst. Code, § 2000 et seq.)

Prior to June 1,1956, the board of supervisors of the county granted the applications of Bedros Kasparian and Mary Kasparian for aid to the aged and fixed the amount to be paid to them. Beginning June 1, 1956, to and including March 31, 1957, the county paid Bedros and Mary, respectively, $85 a month for four months and $89 a month for six months, a total to both of $1,748, pursuant to the grants. On May 22, 1956, the board established $150 a month as the pecuniary ability of defendant, an adult son of Bedros and Mary, to contribute to their support; and on October 2, 1956, established $155 a month as his pecuniary ability. The county demanded of defendant that he pay it $1,530, the sum of the [539]established pecuniary ability from June 1, 1956, through March 1957. Defendant refused to pay.

The prayer of the complaint was that the county recover the $1,530 and that defendant be ordered to pay the county $155 on the first day of each month as reimbursement to it for old-age aid extended to Bedros and Mary, such payments to continue until further order of the court. In his answer defendant denied that his income was sufficient to pay the amounts established by the board.

Findings were waived. Judgment was that the county recover $2,610 from defendant, representing reimbursement for the amounts granted from June 1956 through December 1957, and that defendant pay the county $155 a month from January 1, 1958, until further order of the court.

The facts with respect to defendant’s ability to pay were stipulated. Defendant is married and has three minor children. His parents live with him and his family. Defendant’s income is derived from a sole proprietorship business. He operates a five-man custom furniture manufacturing shop. During 1956 the business produced a net income of $17,742.66. Defendant had previously been in partnership with two other persons. He had purchased their interests and was paying for them in installments. In 1956 he paid these items: (1) to his former partners, $3,333.36 on the purchase price of their interests ; (2) federal and state income taxes, $5,558.76; (3) increased inventory for the business, $5,238.40; (4) new equipment for the business, $1,874.87. For the taxable year 1956 defendant’s federal income tax liability was $3,274 and his state tax liability was $138. He paid a balance of $2,146.76 on 1955 federal income taxes. During the period from June 1, 1956, to June 1, 1957 he drew $125 a week from the business and from June 1, 1957, he drew $135 a week. Since April 1, 1957, defendant has contributed $35 a month to his parents’ support.