SWOAP V. SUPERIOR COURT 516 P.2d 840 (Cal. 1973) CASE BRIEF

SWOAP V. SUPERIOR COURT

516 P.2d 840 (Cal. 1973)

NATURE OF THE CASE: [Practically none of this brief is in the casebook but it is required for you to understand the law presented by the casebook]. The Superior Court of Sacramento County issued a statewide temporary restraining order that enjoined state officials from requiring adult children to reimburse the state, pursuant to Cal. Welf. & Inst. Code 12100 and 12101. Defendants, state officials, sought a writ of prohibition to prevent the superior court from enforcing its restraining order.

FACTS: Two recipients of aid to the aged, Ila Huntley and Bieuky Dykstra, and their adult children, Howard Huntley and Julius Dykstra, brought a class action seeking to enjoin state officials from requiring adult children to reimburse the state, pursuant to sections 12100 and 12101, for aid to the aged extended to their parents. Plaintiff Howard Huntley is the 60-year-old son of 88-year-old widow Ila Huntley, who is the recipient of aid to the aged. Huntley alleges in the complaint that he and his 67-year-old wife had a net monthly income of $656.25; that they are trying to save money for their imminent retirement; that the San Joaquin County Welfare Department ordered him, effective October 1, 1971, to pay the department $70 per month for the support of his mother; and that he could not provide for his own family and at the same time pay such a large sum. Plaintiff Julius Dykstra is the son of 78-year-old widow, Bieuky Dykstra, who is the recipient of aid to the aged. Dykstra alleges that the same welfare department demanded that he pay $75 per month for the support of his mother; that he works as a truck driver and does not have $75 per month left after paying his own family bills, including $180 a month for child support and $145 a month for rent. On October 14, 1971 the Superior Court of Sacramento County issued a statewide temporary restraining order, enjoining defendants from '[enforcing] against plaintiffs Julius Dykstra and Howard Huntley, and the class of persons similarly situated, and plaintiffs Bieuky Dykstra and Ila Huntley, and the class of persons similarly situated, the provisions of W & I Code, 12100 and 12101. Defendants seek a writ of prohibition to prevent the Sacramento Superior Court from enforcing its restraining order on the ground that, since sections 12100 and 12101, and Civil Code section 206 are valid, the court had no jurisdiction to enjoin defendants from administering these statutes. (Code Civ. Proc., 526.)

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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