Thompson

County of Los Angeles v. Thompson

Good Law
172 Cal. App. 3d 18·1985 Cal. App. LEXIS 2498·218 Cal. Rptr. 101
Court of Appeal of CaliforniaAugust 27, 1985No. B008815California4,094 words

Opinion

Lead Opinion

Hansonthaxton, J.

On April 12, 1984, defendant Truman Thompson moved to vacate a stipulated judgment of paternity which had been entered on February 28, 1978. The trial court denied the motion. Defendant has taken a timely appeal from the order denying relief. We reverse and remand with the direction that the trial court grant defendant’s motion.

We note that plaintiff, County of Los Angeles, questions the appealability of the order made below. As was pointed out in County of Ventura v. Tillett (1982) 133 Cal.App.3d 105, 110-111 [ 185 Cal.Rptr. 741 ], cert. den. (1983) 460 U.S. 1051 [ 75 L.Ed.2d 929 , 103 S.Ct. 1497 ], disapproved on other grounds in County of Los Angeles v. Soto (1984) 35 Cal.3d 483, 492 , footnote 4 [ 198 Cal.Rptr. 779 , 674 P.2d 750 ], generally an order made after a motion to vacate a judgment is not appealable. There are a number of reasons for disallowing such appeals, including the protection thereby afforded to the one-judgment rule. (See 6 Witkin, Cal. Procedure (2d ed. 1971) § 91, pp. 4098-4099.) There are exceptions, however, and the Tillett court characterized a similar motion as a special order after judgment and appealable on that ground. Where a…

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