Blazevich v. State Board

Opinion

BENSON, J. Brian M. Blazevich, a minor,1 appeals from a judgment denying his petition for writ of mandate which sought indemnification under the Victims of Violent Crime Act2 (the Act) for loss of his mother’s support and loss of the value of her society, comfort, care and protection. We affirm the judgment.

Paulette Jeanne Clouse, Brian’s mother, was murdered on June 29, 1975. She was stabbed to death by her estranged husband who was not Brian’s father. Brian was six years old at the time. Brian’s mother married Mr. Clouse in July 1973 at which time she terminated her employment. Before that time she had worked at various jobs and was able to support Brian. She separated from Mr. Clouse in March 1975 but was unable to return to work because she had given birth to a profoundly disabled second child in October 1974. This second child required her constant care.

The application for benefits filed with the State Board of Control (Board) which administers the Act stated Paulette had been employed at the Fiesta Rexall Pharmacy from January 1970 to March 1971 and thereafter was employed by the Pueblo Motel in Sonoma, the Old Hoss, the Red Pony and Dutil’s Bakery. The application failed to state the amount of wages she had earned from any of these employers. The application sought indemnification for loss of support, for the value of her household services to Brian and the pecuniary value of her society, comfort, care and protection and for funeral expenses.

[1124]Except for funeral expenses, the claims were denied. The basis for denial of the claims was the Board’s determination that Brian had suffered no out-of-pocket loss since his mother was not employed at the time she was killed. Brian filed a petition for writ of mandate asking the court to issue a peremptory writ of mandate directing the Board to set aside its decision and award Brian a cash payment. The trial court denied the petition on the grounds Brian had made no showing he had suffered “ ‘pecuniary loss’ resulting in ‘serious financial hardship’ (Gov. Code, sec. 13959) due to expenses or loss of income or support caused by a crime of violence (Gov. Code, secs. 13960(e), 13964(a)(2)).”

Brian concedes the program is limited to recovery of pecuniary losses. He contends the term “pecuniary loss” includes the value of household services he received and the value of providing substitutes for his mother’s society, comfort, care and protection. Brian also asserts that the term “pecuniary loss” as used in the Act includes loss of a parent’s future earnings even if the parent were not employed at the time of her death.