Spence

Plaintiff County of El Dorado (County) appeals from a judgment dismissing its action against defendant Estelle Louise Spence. County’s action sought reimbursement for public assistance paid to defendant and an order for continuing child support from defendant. Defendant’s demurrer was sustained without leave to amend.

On appeal from the ensuing judgment of dismissal, County contends the trial court erred in dismissing the action. It urges a county is entitled to seek reimbursement from a noncustodial mother for amounts paid in aid to families with dependent children (AFDC) despite an outstanding support award against the father in a different county. Further, County contends the existing support order against the father under the Family Law Act does not bar a subsequent child support order against the mother. We agree with both contentions and reverse the judgment.

Facts

For purposes of the instant appeal, defendant’s demurrer admits the truthfulness of the properly pleaded factual allegations of the complaint. (White v. Davis (1975) 13 Cal.3d 757, 765 [ 120 Cal.Rptr. 94 , 533 P.2d 222 ].) In addition, the trial court was permitted to consider any matters of which the…