Smith v. Superior Court

*514 Opinion

This petition challenges a trial court decision requiring the City and County of San Francisco to pay a father’s attorney’s fees and costs as respondent to an appeal brought by the city and county to enforce child support payments. On the basis of the decisions in County of Los Angeles v. Superior Court (1980) 102 Cal.App.3d 926 [ 162 Cal.Rptr. 636 ] and In re Marriage of Reyes (1979) 97 Cal.App.3d 876 [ 159 Cal.Rptr. 84 ], we have concluded that the court was without authority to issue such an order. We issue writ of mandate to require the order be set aside.

The proceedings below consisted of an action brought by the district attorney, on behalf of the custodial parent, a welfare recipient, to enforce a child support order from a 1963 dissolution (Civ. Code, § 4702). The district attorney obtained a small judgment but was barred from recovering most of the $17,000 in claimed arrearages because of laches and an oral agreement between the parties. He appealed the judgment.

Thereafter, real party in interest, the father, moved for an order providing him with attorney’s fees and costs related to the appeal. On October 24, 1980, the trial court issued an order…