Davis

On behalf of Andrea E. and Joshua E., minors, the County of Sutter (County) filed this action against defendant Davey Darrell Davis to establish paternity and obtain child support and reimbursement for public assistance. (Civ. Code, § 248; Welf. & Inst. Code, §§ 11350, 11350.1, 11475.1; all further references to undesignated statutory sections are to the Welfare and Institutions Code.) Defendant denied paternity and requested a jury trial on the issue. He also stipulated to a blood test and the appointment of a blood test expert. County challenged defendant’s request for jury trial. The trial court concluded there is no right to a jury trial in a paternity action in California, whether by state or federal constitutional mandate or by statute. In a bench trial, Defendant’s paternity was established. He thereafter stipulated to amounts for reimbursement and support, and judgment was entered on the stipulation.

This appeal presents two questions of law regarding the California Constitution: First, does a defendant in a paternity action have a right to a jury trial under article I, section 16 (the general provision regarding right to jury trial); and secondly, does a…