Marriage of Morgan CA2/1

INTRODUCTION

Carla Rosa Morgan (Carla) filed for dissolution of her marriage to Jason Mark Morgan (Jason).1 According to a proof of service executed by Carla’s sister, Jason was personally served with the summons and dissolution petition. Jason did not file a response to the petition or otherwise participate in the case. The Los Angeles County Department of Child Support Services (Department) later obtained an order requiring Jason to pay child support, and Carla obtained a default judgment dividing the parties’ community property. More than five years after it was entered, Jason moved to set aside the default judgment, contending the proof of service was fraudulent and that he was not in fact served with the summons and petition. He also claimed that the judgment was based on fraudulent information provided by Carla regarding the value of Jason’s business and the parties’ income. Jason brought his motion under several authorities: Code of Civil Procedure section 473.5, Family Code section 2120 et seq., and equitable principles. The family court denied the motion on the sole ground that Jason had not submitted a proposed responsive pleading as procedurally required for a motion…