Opinion

Tripp v. Swoap

  • 17 Cal. 3d 671
  • 131 Cal. Rptr. 789
  • 552 P.2d 749
  • 1976 Cal. LEXIS 316
Court
California Supreme Court
Filed
Aug 3, 1976
Status
Published
Author
Clark
On the bench
Sullivan
Cited by
116 cases
Authority
More cited than 6.4%

Overruled on other grounds by Frink v. Prod, 31 Cal. 3d 166 (1982)

Later courts went against this

  • Overruled on other grounds by Frink v. Prod, 31 Cal. 3d 166 (1982)

    97 Ball, 82 Cal.App.3d at 317, 147 Cal.Rptr. at 254, citing Monarch Mills v. South Carolina Tax Commission, 49 S.C. 219, 146 S.E. 870, 872 (1929); Tripp v. Swoap (1976) 17 Cal.3d 671, 683, 131 Cal.Rptr. 789, 552 P.2d 749, overruled on other grounds Frink v. Prod (1982) 31 Cal.3d 166, 181 Cal.Rptr. 893, 643 P.2d 476.
    California Supreme CourtApr 8, 198212 citing opinionsother groundsRead it

The opinion

*686 CLARK, J., Dissenting.

The majority err in allowing a welfare recipient interest on unpaid aid, contravening both legislative intent and welfare’s purpose.

The Legislature has provided the recipient judicial review, mentioning filing fees, attorney’s fees and court costs. (Welf. & Inst. Code, § 10962.) But the same code makes no mention of interest.

The purpose of welfare is to provide subsistence to the needy. (Welf. & Inst. Code, §§ 10000, 10001; Goldberg v. Kelly (1970) 397 U.S. 254, 264 [ 25 L.Ed.2d 287, 296-297 , 90 S.Ct. 1011 ].) But it has not been shown that the addition of interest will alleviate Mrs. Tripp’s needs.

The welfare fund is a limited resource, derived from the labor of others. By now adding interest to the aid of one, we reduce the aid available to another. Today’s decision is inequitable to all.

McComb, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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