County of Los Angeles v. Ferguson

In County of Los Angeles v. Ferguson (1979) 94 Cal. App. 3d 549, the county brought an action for child support under former Welfare and Institutions Code section 11475.1, the same code section relied upon in the original order to show cause in the present case. After judgment on the pleadings was granted in favor of the defendant, the county appealed. The appellate court held that the county had failed to allege its standing to pursue the action. (Ferguson, supra, at pp. 557-558.) The Ferguson court noted that there were three statutory conditions that permitted the county to bring an action for child support. Those were (1) when the child was receiving public assistance, (2) when a party to a divorce proceeding had applied for public assistance on behalf of a child, and (3) when requested to do so " 'by the individual on whose behalf the enforcement efforts will be made when the child is not receiving public assistance.' " (Ferguson, supra, 94 Cal. App. 3d at p. 557, quoting from former Welf. & Inst. Code, 11475.1.) The court held that the failure to allege at least one of these grounds for standing constituted a material omission from the complaint and that such omission justified the trial court's grant of judgment on the pleadings. (Ferguson, supra, at p. 558.)