Castro

Nature of Appeal:

Defendant in a child support action (appellant here) appeals from an order of the superior court denying his motion to vacate default and set aside a judgment entered pursuant to stipulation. The entry of default in the case was proper. The stipulated judgment, however, did not comply with the holding in County of Ventura v. Tillett (1982) 133 Cal.App.3d 105 [ 183 Cal.Rptr. 741 ], requiring a judicial determination of the voluntariness of a waiver of due process rights. The failure to comply with the mandatory requirements of Tillett, however, rendered the stipulated judgment voidable rather than void under the holding of County of Los Angeles v. Soto (1984) 35 Cal.3d 483 [ 198 Cal.Rptr. 779 , 674 P.2d 750 ]; and since appellant failed to carry his burden under Soto , the judgment is affirmed.

Statement of Facts and Procedure:

County filed an action for support of a named minor child, pursuant to Welfare and Institutions Code section 11350.1. The complaint alleged that appellant was the father of that child. The complaint sought adjudication of paternity and, under Civil Code section 4701, subdivision (a), appropriate orders for support and assignment…