Kinicki

County of Nevada v. Kinicki

Good Law
106 Cal. App. 3d 357·165 Cal. Rptr. 57·1980 Cal. App. LEXIS 1881
Court of Appeal of CaliforniaMay 29, 1980Civ. 18401California1,785 words

Opinion

Opinion

Blease, J.

Defendant Andrew Kinicki appeals from the judgment entered after a jury found that he was the father of Paul R., born to Beverly R. on March 24, 1976.

I

The action under review was initiated by the District Attorney of Nevada County pursuant to his obligation (Welf. & Inst. Code, § 11475) to enforce the support obligations of parents, determine paternity, and seek reimbursement of funds expended as aid to families with dependent children (AFDC). (Tit. IV-D, 42 U.S.C. § 651 et seq.; Welf. & Inst. Code, §§ 11475-11489.) It sought inter alia a determination that defendant was the father of the child and reimbursement from him for AFDC sums expended in support of the child. We shall reverse the judgment for refusal of the trial court to permit production of Nevada County welfare records pertaining to the identity of the father of the child:

The issue of paternity was bifurcated from the issue of reimbursement and we consider here only the plaintiffs claims that its welfare records relating to paternity are privileged from disclosure under the provisions of Welfare and Institutions Code section 10850 and Evidence Code section 1040, subdivision (b)(2). We shall conclude that…

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