Palla

County of Lake v. Palla

Good Law
114 Cal. Rptr. 2d 277·2001 Cal. App. LEXIS 3087·2001 Daily Journal DAR 12781·94 Cal. App. 4th 418·2001 Cal. Daily Op. Serv. 10286
Court of Appeal of CaliforniaDecember 10, 2001A095124, A095126, A095127California4,184 words

Opinion

Opinion

Kline, J.

The Lake County District Attorney Family Support Division (county) appeals in these three consolidated cases after the Lake County Child Support Commissioner (trial court) entered orders denying the county’s requests to enter default child support judgments against Christopher Falla, Douglas R. Hill and Harry R. Abram (defendants), pursuant to Family Code section 17430. These orders were based on the trial court’s refusal to enter default judgments in cases in which the county has alleged paternity as a material fact of the child support case, but does not ask the court to make a judicial determination of paternity and does not explain why a judicial determination of paternity is not required. As we shall explain, the trial court erred in refusing to enter the proposed default judgments simply because the county did not provide additional information regarding paternity. Accordingly, we shall reverse and remand the cases to the trial court for entry of default judgments.

Factual and Procedural Background

None of the defendants appeared in the proceedings before the trial court, and none has filed a brief on appeal. “Accordingly, we accept the factual recitation…

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