Dept. of Mental Hygiene v. Mannina

• Citation: 168 Cal.App.2d 215,335 P.2d 694
• Court: California Court of Appeals
• Decision Date: 26 February 1959
• Parties: DEPARTMENT OF MENTAL HUGIENE of the State of California, Plaintiff and Appellant, v. Marin MANNINA, Administratrix of the Estate of Albina Serdock, aka Albina Serdoc, Deceased, Defendant and Respondent. Civ. 18143.

Page 694

335 P.2d 694

168 Cal.App.2d 215

DEPARTMENT OF MENTAL HUGIENE of the State of California, Plaintiff and Appellant, v. Marin MANNINA, Administratrix of the Estate of Albina Serdock, aka Albina Serdoc, Deceased, Defendant and Respondent.

Civ. 18143.

District Court of Appeal, First District, Division 2, California.

Feb. 26, 1959.

Rehearing Denied March 27, 1959.

See 337 P.2d 219.

Stanley Mosk, Atty. Gen., Wiley W. Manuel, Deputy Atty. Gen., for appellant.

Machado, Feeley & Machado, John H. Machado, San Jose, for respondent.

DOOLING, Justice.

Plaintiff, Department of Mental Hygiene, appeals from an order granting a new trial.

On March 3, 1942, Albina Serdock was committed to a State hospital as an insane person and remained so hospitalized until her death on May 18, 1956. Her estate is in probate and appellant filed with the administratrix a creditor's claim for $4,521.17 for the balance claimed to be due for her care and maintenance. The administratrix approved the claim for $120 only and this suit upon the claim was then filed.

The records of appellant introduced in evidence establish that the charges fixed by appellant for the care and maintenance of the decedent pursuant to section 6651, Welfare and Institutions Code, were as follows: $90 per month for the period January 1, 1951, to February 28, 1953; $100 per month from March 1, 1953; $111 per month from March 1, 1954; $118 per month from January 1, 1955; and $122 per month from January 1, 1956.

In June 1944 the probate court on petition of the Department of Institutions made an order directing the guardian of the estate of Albina Serdock to pay $279.35 for board, care, maintenance and medical attention previously furnished to the incompetent at the State hospital and to pay $10 per month thereafter until the further order of the court. On December 21, 1953, an order was made directing the guardian to pay $30 per month for such support and maintenance.

The trial court found that the monthly charges hereinabove listed were determined by the Director of Mental Hygiene and that said charges at the rates so determined were made continuously for every month that the incompetent was a patient of a State hospital. It was found that, after deducting payments actually received, the balance due on said charges was $3,901.17 of which $1,670.36 was barred by the statute of limitations and judgment was entered for the balance of $2,230.81.

The only defenses urged, and hence the only grounds presented in support of the granting of the motion for new trial, are: 1. That the orders determining the amounts to be paid by the guardian to appellant for the care and maintenance of the incompetent are res judicata of the extent of the liability for such care and maintenance; 2. That by submitting the question to the probate court in the guardianship proceeding and by failing to appeal from the orders made therein the appellant has reduced, remitted and cancelled any liability in excess of the amounts allowed by the probate court in the guardianship proceeding.

The Argument of Res Judicata.

During all of the times here in question section 6650, Welfare and Institutions Code, made the estate of the mentally ill person liable for her care, support and maintenance in the State institution of which she was an inmate. This liability was unconditional and not dependent on ability to pay. Dept. of Mental Hygiene v. McGilvery, 50 Cal.2d 742, 749-751, 329 P.2d 689. At all times here in question section 6651 authorized the Director of Mental Hygiene or his predecessor, Director of Institutions, to fix and determine the monthly rate to be paid for the care, support and maintenance of such persons. Estate of Perl, 110 Cal.App.2d 8, 242 P.2d 101. At all such times section 6655 provided that:

'If any person committed to a State mental hospital has sufficient estate for the purpose, the guardian of his estate shall pay for his care, support, maintenance, and necessary expenses at the mental hospital to the extent of the estate. Such payment may be enforced by the order of the judge of the superior court where the guardianship proceedings are pending. On the filing of a petition therein by the...