Brown

County of San Diego v. Brown

Good Law
145 Cal. Rptr. 483·1978 Cal. App. LEXIS 1417·80 Cal. App. 3d 297
Court of Appeal of CaliforniaApril 24, 1978Civ. 14819California3,895 words

Opinion

Opinion

Staniforth, J.

Defendant Charles Bernard Brown, Jr. (Brown) appeals from a judgment finding him to be the father of, and requiring him to pay reasonable support for, the minor Isaac. (Welf. & Inst. Code, § 11350.)

The complaint alleges Brown is separated from his wife Sherry and, as a consequence, plaintiff County of San Diego has paid public monies (aid to families with a dependent child) for Isaac’s support. Brown has paid nothing for support of his wife or the child since public assistance was forthcoming despite his financial ability to pay a reasonable amount. He denies paternity of Isaac.

On trial by the court the parties stipulated: Brown married Sherry Brown on November 5, 1971, and lived with her as husband and wife until a physical separation on October 7, 1973; the child, Isaac, was born on December 20, 1972; Sherry Brown is the mother of the minor child. During the period of conception, Brown was not impotent; Sheriy Brown provided support for the child since November 7, 1973. Conception of the child occurred between the months of February and April 1972. The child, Isaac, has been in physical custody of the mother, Sheriy Brown, since birth. The department of welfare has…

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