(DOWNLOAD) "International Surplus Lines Insurance Co. v. Devonshire Coverage Corp." by Second Appellate District, Division Two Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: International Surplus Lines Insurance Co. v. Devonshire Coverage Corp.
- Author : Second Appellate District, Division Two Court of Appeal of California
- Release Date : January 30, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
Plaintiffs Lorna Mullaney and her children Peter and Heather Mullaney appeal from a judgment of the Sacramento County Superior Court denying their petition for writ of administrative mandamus (Code Civ. Proc., Γ§ 1094.5). They sought to compel defendant Director of the California Department of Benefit Payments (Director) to set aside his decision finding them ineligible for aid to families with dependent children (AFDC) due to their failure to supply the department with social security numbers for the children as required by federal and state AFDC regulations. (45 C.F.R. Γ§ 232.10; E.A.S. (eligibility and assistance standards) Γ§ 40-105.2.) All three plaintiffs claim the regulations requiring that numbers be furnished on the childrens behalf are invalid because (1) they erroneously interpret the federal statute they were designed to implement (42 U.S.C.A. Γ§ 601 et seq.) and (2) they violate the federal Privacy Act of 1974 (5 U.S.C.A. Γ§ 552a). Lorna, who professes certain religious beliefs which prevent her from obtaining social security numbers for the children, additionally claims the denial of benefits unconstitutionally infringes upon her First Amendment right to freedom of religion (U.S. Const., Amend. I; Cal. Const., art. I, Γ§ 4), her "family freedoms," and her right to privacy (Cal. Const., art. I, Γ§ 1). Peter and Heather also contend denial of benefits to them on account of their mothers refusal to procure social security numbers for them abridges their right to equal protection of the laws. (U.S. Const., Amend. XIV.)