County of Santa Barbara v. David R.

I join in the majority opinion and all of its rationale except the dictum regarding a perception my colleagues share of unfairness and inconsistency on the part of the statutory law of this state. The only inconsistency or unfairness I can find is that the statutes given us by the Legislature and the Governor do not remedy all social ills and in particular not all losers are required to pay the outlays for attorney fees incurred by the winners. Unlike my colleagues I do not fervently wish that the statutory law be amended in this area and even if I did, I see no need to communicate such suggestions by way of dicta in the official advance sheets. Since neither any alleged unfairness nor inconsistency in the statutory scheme is before us I see no reason to comment thereon. *Page 105

In this case we examine the right of a putative father to recover attorney fees for the successful defense of a paternity/reimbursement action initiated by the district attorney. We conclude that the trial court erred in awarding attorney fees to respondent David R. under authority of Civil Code section 7011.

Victoria H. received aid to families with dependent children (AFDC) (Welf. & Inst. Code, § 11200 et seq.) for the support of her son, Damon H. In May 1981 the County of Santa Barbara, and the County of Santa Barbara on behalf of Damon (collectively county), filed a complaint against respondent for child support and reimbursement of welfare funds under Welfare and Institutions Code section 11350 and section 248. Respondent answered the complaint and moved successfully for a change of venue. In May 1986 respondent moved to dismiss the action for lack of prosecution pursuant to Code of Civil Procedure section 583.310. The following month, the county also filed a request for dismissal of the action without prejudice which the clerk entered as requested by the county. Thereafter respondent’s motion to dismiss was granted and a judgment of dismissal was entered in…

OPINION In this case we examine the right of a putative father to recover attorney fees for the successful defense of a paternity/reimbursement action initiated by the district attorney. We conclude that the trial court erred in awarding attorney fees to respondent David R. under authority of Civil Code 1 section 7011. 2 Victoria H. received aid to families with dependent children (AFDC) (Welf. Inst. Code, § 11200 et seq.) for the support of her son, Damon H. In May 1981 the County of Santa Barbara, and the County of Santa Barbara on behalf of Damon (collectively county), filed a complaint against respondent for child support and reimbursement of welfare funds under Welfare and Institutions Code section 11350 3 and section 248. 4 Respondent answered the complaint and moved successfully for a change of venue. In May 1986 respondent moved to dismiss the action for lack of prosecution pursuant to Code of Civil Procedure section 583.310 The following month, the county also filed a request for dismissal of the action without prejudice which the clerk entered as requested by the county. Thereafter respondent's motion to dismiss was granted and a judgment of dismissal was entered in…