Can a defendant in a child support action appeal from an order of the superior court denying his motion to vacate default and set aside a judgment entered pursuant to stipulation?

California, United States of America


The following excerpt is from County of Los Angeles v. Castro, 160 Cal.App.3d 899, 207 Cal.Rptr. 15 (Cal. App. 1984):

Defendant in a child support action (appellant here) appeals from an order of the superior court denying his motion to vacate default and set aside a judgment entered pursuant to stipulation. The entry of default in the case was proper. The stipulated judgment, however, did not comply with the holding in County of Ventura v.

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County filed an action for support of a named minor child, pursuant to Welfare and Institutions Code section 11350.1. The complaint alleged that appellant was the father of that child. The complaint sought adjudication of paternity and, under Civil Code section 4701, subdivision (a), appropriate orders for support and assignment of appellant's wages. On September 30, 1980, appellant was served with a copy of this complaint together with a notice which notice advised him of his constitutional right to appointed counsel. (Salas v. Cortez (1979) 24 Cal.3d 22, 24, 26, 154 Cal.Rptr. 529, 593 P.2d 226.) Appellant failed to answer the complaint and on May 22, 1981, nearly eight months after service on appellant, respondent filed a request to enter default with the clerk of the court and default was entered on that same date.

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