Everett

SUMMARY

In this appeal, we affirm a judgment following a jury verdict finding the defendant and respondent not to be the father of the minor child.

Statement of the Case

In September 1973, appellant Sheila Scott (Scott) filed a paternity action (referred to hereinafter as the original action) against respondent Chad Everett (Everett) alleging him to be the father of her minor child Dale Everett (Dale). Following a five-day jury trial, the parties settled the original action, stipulating to a judgment that provided, among other things, that Everett was not the father of Dale. Scott waived her right to move for a new trial and her right to appeal. Everett agreed to pay Scott a lump sum of $5,000 and her attorney’s fees of $27,500, and to purchase an annuity policy which would generate monthly payments of $275 to Scott for the benefit of Dale until he reached 18 years of age. Dale was neither party to the original action nor to the settlement.

In July 1974, Dale’s guardian ad litem brought the instant action against both Scott and Everett under Civil Code section 231 to establish that Everett was his natural father. In the second count, Dale alleged that the prior…