S.B.

S.B. v. B.J. CA5

Good Law
Court of Appeal of CaliforniaNovember 19, 2021F080954ACalifornia2,082 words

Opinion

Opinion

FACTS

This appeal arises from a parentage action in Kern County pursuant to Family Code, section 7600 et seq. Because our decision does not require an in-depth factual analysis, and the action concerns three minor children and allegations of abuse, we summarize only the facts necessary to our decision. The Kern County Parentage Action S.B. and B.J. lived in Los Angeles and together were parents of three minor children. S.B. moved out of the family home with the oldest child in February 20191 and briefly lived in Los Angeles before relocating to Bakersfield. The two youngest children lived with B.J. in Los Angeles. On February 19, S.B. filed a parentage action in Kern County Superior Court. Though B.J. was served on February 28, proof of service was not filed until June 10. B.J. attempted to file a response to the parentage action in March; however, the clerk’s office rejected it for failure to pay a filing fee and to include proof of service. S.B. served a declaration of default on B.J.’s attorney, which he filed on July 22. The Kern County Superior Court then issued and filed a default judgment against B.J. on July 26. B.J. subsequently filed a request to set aside the default…

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