DP

Marjorie P., both individually and in her capacity as guardian ad litem of her minor son, D. P., appeals from a judgment of dismissal entered following the sustaining of a demurrer without leave to amend in an action to determine the existence of a father and child relationship and for child support. We determine that the trial court erred in holding the action barred by the doctrine of res judicata and consequently reverse.

In July 1977, Marjorie P., through the Marin County District Attorney, filed a complaint in the Marin County Superior Court against Jimmy D. Stewart under the Revised Uniform Reciprocal Enforcement of Support Act of 1968 (RURESA, Code Civ. Proc., § 1650 et seq.), action No. 85402. The petition alleged that Marjorie is the mother and Jimmy the father of D. P., a minor bom April 12, 1975, and residing with Marjorie in Marin County. It also alleged that public assistance had been provided to D. P. in the amount of $282 per month and sought an order requiring Jimmy to make future support payments in that amount. The petition alleged that Jimmy was residing in Denton, Texas.

On July 22,1977, a Marin County Superior Court judge issued a certificate and…