Caruthers

This appeal presents the question whether an alleged father can “buy out” his duty to support his minor child by a “settlement” with the child’s mother. Defendant, the alleged father, paid Regina Todrzak, the mother, $15,000 in consideration for which Regina signed a covenant not to sue and dismissed with prejudice her pending paternity action against defendant.

This appeal is from the judgment in a later action against defendant brought by the Shasta County District Attorney (plaintiff) on behalf of the minor child, Savannah, to establish defendant’s paternity and obtain an order for child support payable through the district attorney’s office. (Fam. Code, § 4002; Welf. & Inst. Code, § 11350.1, 11475.1 [see also former Civ. Code, §§ 196a, 248; Stats. 1992, ch. 162, § 2].) Defendant answered and, alleging the previous settlement and dismissal with prejudice, pleaded collateral estoppel, i.e., “issue preclusion” as an affirmative defense. Thereafter, defendant’s motion for summary judgment, based on issue preclusion, was granted by the trial court. Plaintiff appeals from the ensuing judgment. We shall reverse.

California law provides that every child has a right to…