County of Los Angeles v. Superior Court

Each of the within petitions involves essentially identical facts and the same legal issue. We issued alternative writs at the direction of the Supreme Court. For simplicity’s sake we are issuing a single decision.

Each of the real parties, prior to May 25, 1979, signed an agreement for entry of judgment regarding paternity and child support, pursuant to Welfare and Institutions Code section 11476.1. Petitioner had these agreements reduced to judgment, also prior to May 25, 1979.

On May 25, 1979, the Court of Appeal, in County of Ventura v. Castro (1979) 93 Cal.App.3d 462 [ 156 Cal.Rptr. 66 ] (hereinafter Castro), held Welfare and Institutions Code section 11476.1 unconstitutional because it permitted entry of a final judgment against a noncustodial parent, based upon an out-of-court agreement, without providing notice and an opportunity to be heard and in the absence of a showing of a voluntary, knowing and intelligent waiver of constitutional rights by the parent. Castro expressly declined to address the issue of its own retroactivity. ( 93 Cal.App.3d 462, 474, fn. 2 .)

No payments were ever made by any of the real parties in the within matters under the agreements…