What is the test for claiming equal protection under the equal protection clause against someone who commits fraud "simply to obtain foodstuffs and other necessities"?

California, United States of America


The following excerpt is from People v. Tallagua, 174 Cal.App.3d 145, 219 Cal.Rptr. 754 (Cal. App. 1985):

"The first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more similarly situated groups in an unequal manner." (In re Eric J. (1979) 25 Cal.3d 522, 530, 159 Cal.Rptr. 317, 601 P.2d 549, emphasis in original.) It requires no citation of authority to argue that welfare applicants who commit fraud "simply to obtain foodstuffs and [other] necessities" (People v. McGee, supra, 19 Cal.3d at p. 965, 140 Cal.Rptr. 657, 568 P.2d 382) and persons accused of committing perjury while testifying in criminal proceedings against another individual are not similarly situated.

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