County of Santa Barbara v. David R.

Opinion

ANDERSON, P. J.

In this case we examine the right of a putative father to recover attorney fees for the successful defense of a paternity/reimbursement action initiated by the district attorney. We conclude that the trial court erred in awarding attorney fees to respondent David R. under authority of Civil Code 1 section 7011. 2

Victoria H. received aid to families with dependent children (AFDC) (Welf. & Inst. Code, § 11200 et seq.) for the support of her son, Damon H. In May 1981 the County of Santa Barbara, and the County of Santa Barbara on behalf of Damon (collectively county), filed…