Del Costello v. State of California

Opinion

BLEASE, J.

Cheryl Del Costello expected to receive $515 as a refund for overpayment of her state income taxes for 1979. In lieu of the check she found the money had been applied to offset an amount due to the state as a result of a judgment obtained against her for reimbursement of sums paid through the aid to families with dependent children program (AFDC). The funds supported her daughter, a minor, when she was living apart from plaintiff in the custody of the child’s grandmother. Plaintiff filed a class action to remedy the perceived injustice of this procedure. Defendants, the State…