Legg v. County of Los Angeles Department of Charities

WOOD, P. J. Petitioner sought a writ of mandate in the superior court ordering respondent county of Los Angeles to furnish aid to her as an indigent person. A peremptory writ of mandate was denied. Petitioner appeals from the judgment. The notice of appeal also states that she appeals from various orders, such as the order of procedure, the findings, memorandum of the court, and order denying her motion for a new trial. The appeal is upon the clerk’s transcript.

The answer of the county alleged that petitioner was eligible for aid under the provisions of division 3, chapter 1, of the Welfare and Institutions Code (Old Age Security Law); that she refused to avail herself of that source of “financial gain”; [639]and that pursuant to section 150.14 of Los Angeles County Ordinance 4099 the petitioner is not entitled to general relief.

Section 2160 of the Welfare and Institutions Code (a part of the Old Age Security Law) provides that aid under the Old Age Security Law shall be granted to a person who has attained the age of 65 years, and who has the other qualifications set forth in that section.

The court found that section 150.14 of Los Angeles County Ordinance 4099 provides that a person is not indigent for general relief purposes where the person can otherwise provide for his care.

Apparently the contention of the county was to the effect that since petitioner had attained the age of 65 years and was eligible for aid under Old Age Security Law, and since she had refused to avail herself of aid under that law, she was not eligible for aid as an indigent person. The question was whether petitioner had attained the age of 65 years.

The court also found that “petitioner appears to be uncertain as to the year of her birth; that the true year of said birth is either 1887 or 1888.” Conclusions of law were: that “the petitioner appears to be eligible for Old Age Security assistance”; that “Old Age Security” offers a potential source of income; that petitioner refused to develop such source of income; and she is not eligible for general relief from the county.

Within the proper time, appellant notified the clerk to prepare a reporter’s transcript and a clerk’s transcript. A clerk’s transcript was filed, but a reporter’s transcript was not filed.

Appellant contends (1) that the evidence does not support the finding that the year of her birth is either 1887 or 1888 ; and (2) that said finding is insufficient in that it is not a finding that she was born in 1887, or that she was born in 1888.