Dillier

County of Kern v. Dillier

Good Law
1999 Cal. App. LEXIS 129·69 Cal. App. 4th 1412·82 Cal. Rptr. 2d 318·99 Daily Journal DAR 1561·99 Cal. Daily Op. Serv. 1242
Court of Appeal of CaliforniaFebruary 16, 1999No. F030213California4,610 words

Opinion

Lead Opinion

Ardaiz, J.

On September 19, 1997, the Kern County District Attorney’s Office initiated a civil action against appellant, David Allen Dillier, to establish his paternity of, and parental obligations for, four minor children. .On this same date, the district attorney’s office also submitted a proposed judgment that, if approved by the court, would establish appellant’s paternity, the amount of monthly child support he was to pay in the future, and the amount he owed the county as reimbursement for past public assistance payments made on behalf of the children.

Appellant was personally served with the summons and complaint on October 22, 1997, while incarcerated in state prison. Accompanying these pleadings was a document which advised appellant that he had a right to counsel but had to ask that counsel be appointed if he could not afford to hire his own. This same document also apprised appellant that a default judgment would be entered against him if he failed to file a written answer within 30 days of being served with the summons and complaint.

*1415 On December 1, 1997, no answer having been filed or extension of time for doing so having been granted, the district attorney asked…

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