County of Los Angeles Child etc. v. Edward H. CA2/1 ( 2022 )


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  • Filed 1/21/22 County of Los Angeles Child etc. v. Edward H. CA2/1
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
    not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
    has not been certified for publication or ordered published for purposes of rule 8.1115.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION ONE
    COUNTY OF LOS ANGELES                                            B308246
    CHILD SUPPORT SERVICES                                           (Los Angeles County
    DEPARTMENT,                                                      Super. Ct. No. BZ200079)
    Plaintiff and Respondent,
    v.
    EDWARD H.,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of
    Los Angeles County, Frank W. Chen, Judge. Affirmed.
    Edward H., in pro. per., for Defendant and Appellant.
    No appearance for Plaintiff and Respondent.
    ____________________
    MEMORANDUM OPINION1
    Edward H. (appellant) appeals in propria persona from an
    order denying his motion to terminate a child support obligation
    imposed by a judgment entered May 25, 2017. The County of
    Los Angeles Child Support Services Department declined to file a
    respondent’s brief.
    Appellant contends a child support obligor under the
    Family Code must be a “person” (Fam. Code, § 5216), and he is a
    “man,” not a “person.” The plain meaning of “person” includes a
    human being, which appellant unquestionably is. He therefore
    may be a support obligor under the Family Code.
    Appellant contends California, not he, “is in fact the true
    father of the minor child,” given the state’s interest in preserving
    and promoting the welfare of the child, which he describes as
    California’s “ ‘parens patriae interest’ ” in the child. He points to
    the fact that it was the County of Los Angeles that filed suit on
    behalf of the child to obtain support. Appellant cites no authority
    that a state’s interest in promoting the welfare of children
    supplants a parent’s obligation to support his or her own
    children. Although he refers to his child as a “ward” of the state,
    the record on appeal contains no evidence supporting this
    assertion. (Grappo v. McMills (2017) 
    11 Cal.App.5th 996
    , 1006
    [appellant has burden to demonstrate error]; In re Tobacco
    Cases II (2015) 
    240 Cal.App.4th 779
    , 808 (Tobacco Cases)
    [arguments on appeal waived if not supported by argument,
    citations to the record, and legal authority].)
    1  We resolve this case by memorandum opinion pursuant
    to California Standards of Judicial Administration, section 8.1.
    2
    Appellant argues the child support order “obligated
    [appellant] to pay child support by using the property . . . or
    obligation of another, in this case Federal Reserve Notes which
    [are] in fact obligations of the United States . . . .” (Some
    capitalization omitted.) Appellant contends that requiring him
    “to pay an alleged obligation by use of an obligation of another is
    in fact fraud and intentional misrepresentation or concealment of
    a material fact . . . .” Appellant cites no authority that requiring
    a person to pay an obligation using United States currency is
    inherently fraudulent. His cited case concerns fraud, but says
    nothing about use of United States currency being fraudulent.
    (See Croslin v. Enerlex, Inc. (Okla. 2013) 
    308 P.3d 1041
    .)
    At oral argument, appellant argued that the child support
    order applies to the “trust” identified as Edward H., not to him.
    Appellant does not cite any evidence in the record establishing
    that he is not Edward H. or not the intended subject of the child
    support order. His argument therefore provides no basis to
    reverse the trial court. (Tobacco Cases, supra, 240 Cal.App.4th at
    p. 808.)
    3
    DISPOSITION
    The order is affirmed.
    NOT TO BE PUBLISHED.
    BENDIX, Acting P. J.
    We concur:
    CHANEY, J.
    CRANDALL, J.*
    * Judge of the San Luis Obispo County Superior Court,
    assigned by the Chief Justice pursuant to article VI, section 6 of
    the California Constitution.
    4
    

Document Info

Docket Number: B308246

Filed Date: 1/21/2022

Precedential Status: Non-Precedential

Modified Date: 1/21/2022