COUNTY OF ALAMEDA v. CARLESON

Docket Nos. S.F. 22820, 22816, 22817. Sac. No. 7898.

5 Cal.3d 730 (1971)

488 P.2d 953

97 Cal. Rptr. 385

COUNTY OF ALAMEDA et al., Plaintiffs and Respondents, v. ROBERT B. CARLESON, as Director, etc., Defendant and Respondent; CALIFORNIA WELFARE RIGHTS ORGANIZATION et al., Movants and Appellants. MARY HAVENS et al., Plaintiffs and Respondents, v. ROBERT B. CARLESON, as Director, etc., Defendant and Appellant. COUNTY OF ALAMEDA et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ROBERT B. CARLESON, as Director, etc., et al., Real Parties in Interest. CALIFORNIA WELFARE RIGHTS ORGANIZATION et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT B. CARLESON, as Director, etc., et al., Real Parties in Interest.

Supreme Court of California. In Bank.

September 21, 1971.


Attorney(s) appearing for the Case

COUNSEL

Clifford Sweet, William R. Petrocelli, Lawrence A. Baskin, Denis Clifford and F. Hayden Curry for Movants and Appellants in No. 22820, Plaintiffs and Respondents in No. 7898, Real Parties in Interest Association et al. in No. 22816 and Petitioners in 22817.

Evelle J. Younger, Attorney General, and Jay S. Linderman, Deputy Attorney General, for Defendant and Appellant in No. 7898, for Defendant and Respondent in No. 22820 and Real Party in Interest Director of Social Welfare in Nos. 22816 and 22817.

Richard J. Moore, County Counsel (Alameda), Kelvin H. Booty, Jr., Deputy County Counsel, Daniel V. Blackstock, County Counsel (Butte), Douglas J. Maloney, County Counsel (Marin), Robert G. Berrey, County Counsel (San Diego), Keith C. Sorenson, District Attorney (San Mateo), William M. Siegel, County Counsel (Santa Clara), and Calvin E. Baldwin, County Counsel (Tulare), for Plaintiffs and Respondents in No. 22820, Petitioners in No. 22816 and Real Parties in Interest Counties in No. 22817.

No appearance for Respondent in Nos. 22816 and 22817.


OPINION

BURKE, J.

These consolidated cases involve questions of interpretation of certain provisions of the Social Security Act (42 U.S.C. § 602, subd. (a)), which set forth the requisites for a state plan for aid and services to needy families with children (AFDC program). At issue is the important question whether California's plan, as set forth in the Welfare and Institutions Code and implemented by regulations promulgated...

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