SAN MATEO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES v. Clark

An order setting aside or vacating a paternity judgment pursuant to Family Code section 7645 et'seq. must rest on proof of exclusion of biological paternity as evidenced by genetic test results. The trial court granted the motion of respondent Dennis Henry Clark II (Clark) to set aside a 1998 default paternity judgment because the child’s mother, who was never a party to the action, did not cooperate with court-ordered genetic testing. This order exceeded the court’s authority to act under the governing statutory scheme. Accordingly, we reverse the judgment and remand for proper discovery procedures and orders to ensure genetic testing and scientific resolution of Clark’s efforts to resolve paternity.

I. BACKGROUND

In December 1994, the San Mateo County Department of Child Support Services (Department) brought an action against Clark to establish paternity and child support, alleging that Clark was the father of Dennis Holguin Clark III (Dennis), bom in July 1989.

Clark, the only defendant to the action, was personally served but failed to answer the complaint. Seeking a default judgment, the Department submitted the declaration of Dennis’s mother, Tina Holguin…