County of Stanislaus v. Johnson

Good Law
1996 Cal. App. LEXIS 237·43 Cal. App. 4th 832·51 Cal. Rptr. 2d 73·96 Daily Journal DAR 3167·1996 WL 116811
Court of Appeal of CaliforniaMarch 18, 1996F022562California2,126 words

Opinion

Opinion

Vartabedian, J.

This is an appeal from an order vacating a default and default judgment pursuant to Code of Civil Procedure section 473. The order is appealable as an order after final judgment. (Elsea v. Saberi (1992) 4 Cal.App.4th 625, 628 [ 5 Cal.Rptr.2d 742 ].) We affirm.

Facts and Procedural History

Respondent Norval Dean Johnson (Johnson) is the father of Sarah, who was a minor at the relevant times. Sarah was placed in a group home, and appellant County of Stanislaus (County) sued Johnson to recover child support for Sarah. (County of Stanislaus v. Johnson (Super. Ct. Stanislaus County, No. 270571).) On April 20, 1992, Johnson entered into a stipulation for judgment in that case and judgment was entered on April 27, 1992.

While living in the group home, Sarah became pregnant. Beginning March 23, 1992, she received Aid to Families With Dependent Children (AFDC), although it is not clear from our record whether she received a grant for herself and her child or for the child alone. According to Johnson, Sarah returned to his home during the relevant period and received AFDC for her child only.

In any event, County sought another child support order against Johnson. It filed the…

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