Llanes

Defendant Guadalupe Llanes appeals from an order denying his motion to set aside a judgment of paternity as untimely. He contends his motion was timely. Alternatively, he argues plaintiff County of Sacramento (County) should be estopped from asserting the motion is untimely because California’s Department of Child Support Services (CDCSS) posted letters on its Web site stating that previously established fathers, such as defendant, had until December 31, 2006, to file a motion to set aside a judgment of paternity, and he relied on those letters in filing his motion on December 29, 2006. Defendant also seeks to challenge a finding by the child support commissioner that he was “estopped from obtaining the relief he requests . . . .”

As we shall explain, the only issue that is properly before us is whether the trial court erred in determining defendant’s motion to set aside a judgment of paternity was untimely. Finding no error, we shall affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

In September 1991, a default judgment was entered against defendant, naming him the legal father of N.C. (the child). That judgment was confirmed in March 1992.

On…