Mosier

In this case we hold that judgments for paternity or child support, entered as a result of an agreement between the district attorney and a parent not represented by an attorney, are voidable if the unrepresented parent can establish that he or she was not advised by the district attorney of the right to trial on the questions of paternity and ability to support and that he or she was unaware of such rights and would not otherwise have executed the agreement. Rodney Dean Mosier appeals from an order denying his motion to set aside a stipulated judgment of paternity. We reverse the order.

On May 8, 1978, the County of Alameda filed a complaint against Mosier for reimbursement of public assistance and child support payments made for the benefit of a female child of whom Mosier was alleged to be the father. Mosier signed a stipulation for judgment on November 3, 1978, agreeing that the court could render a judgment of paternity. The court rendered a stipulated judgment of paternity in December 1978.

On April 8, 1982, Mosier moved to set aside the judgment. He asserted in a supporting declaration that when he met with a representative of the family support division of the…