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County of Yolo v. Lynch3/19/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
On January 23, 1992, the court entered judgment by default against defendant Scott Edward Lynch. It ordered him to reimburse the County of Yolo (County) $3,031 for public assistance already provided to his minor child, and pay $157 per month toward her continuing support.
Lynch appeals from the April 30, 2002, order denying his motion to vacate the default and default judgment. He argues he is entitled to reversal because: (1) the underlying complaint failed to provide adequate notice of the amount of money damages sought by the County; (2) the request for entry of default was invalid; and (3) the court erred in basing the determination of paternity on County's declaration without him being represented by counsel. We affirm the order for reasons we shall explain.
FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 1991, the County filed a complaint for child support and reimbursement of welfare funds pursuant to former Civil Code section 248 and former Welfare and Institutions Code section 11350. Among other things, the complaint alleged defendant was the father of Cesealia L., born July 29, 1989, County had been paying the child benefits under Aid to Families With Dependent Children (AFDC) since April 1989, and defendant had failed to pay adequate child support although able to do so. County prayed for judgment to include a declaration that defendant was a parent of the child, an order for reimbursement for AFDC benefits paid, and an order for payment of reasonable child support. The attached notice to defendant read in part: "You have been named as a parent of the child . . . named in this action. If you are a parent, and if you have the ability to support your child . . . , the Court will require you to pay child support."
County served defendant by substitute service on his mother in Orangevale on November 30, 1991, and mailed copies of the documents to defendant at the same address on December 2, 1991. The parties later stipulated that this constituted effective service.
Defendant did not respond to the complaint. Thereafter, on January 17, 1992, County filed its request for entry of default. In the column designated "Amount" under item 2 of the Judicial Council of California form, it listed the demand of the complaint as "Accdng. to Proof." The clerk entered default on the day the request was filed.
County then filed in support of its request for judgment by default the declaration of Andrea McIlvaine, a family support officer employed by the district attorney's family support division. McIlvaine stated on information and belief that "the custodial parent of the minor child . . . declared in the application for benefits under the A.F.D.C. program that defendant the other parent of the [child] described in the complaint." Attached to McIlvaine's declaration were records verifying defendant's actual earnings during 1990 and 1991, a copy of the minimum child support worksheet, and a summary of AFDC benefits paid on behalf of the minor between April 1989 and December 1991.
Based on the documentation supplied by McIlvaine, the court ordered Lynch to reimburse the County in the sum of $3,031 for AFDC benefits paid through December 1991, and to pay $157 per month for support of the child. It also found him to be a parent of Cesealia L. The clerk sent notice of entry of judgment to the Count
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