County of Yuba v. Savedra

78 Cal. App. 4th 1311, 93 Cal. Rptr. 2d 524, 2000 Daily Journal DAR 2776, 2000 Cal. App. LEXIS 181
CourtCalifornia Court of Appeal
DecidedFebruary 16, 2000
DocketNo. C030482
StatusPublished
Cited by16 cases

This text of 78 Cal. App. 4th 1311 (County of Yuba v. Savedra) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Yuba v. Savedra, 78 Cal. App. 4th 1311, 93 Cal. Rptr. 2d 524, 2000 Daily Journal DAR 2776, 2000 Cal. App. LEXIS 181 (Cal. Ct. App. 2000).

Opinion

Opinion

KOLKEY, J.

The County of Yuba (the County) appeals from a default judgment establishing paternity in respondent Jose George Savedra, but declining to order that respondent pay child support. In so holding, the Yuba County Family Court Commissioner (the trial court) ruled that “notwithstanding Welfare & Institutions Code section 11355(b)[,][1] evidence of. . . income must be presented before the proposed judgment can be entered.”

The trial court erred. Where the defendant parent defaults in an action seeking an order of child support pursuant to the procedures set forth in former section 11475.1 (and now Fam. Code, § 17400, subd. (c)(2))—which provide notice to the defendant that the proposed judgment accompanying the complaint will become effective in the event of a default—the court is required to enter the judgment, without requiring evidence of the parent’s income upon which the child support is calculated. (See former § 11355, subd. (b), Stats. 1996, ch. 957, § 14; and Fam. Code, § 17430, subd. (a), added by Stats. 1999, ch. 478, § 1 and amended by Stats. 1999, ch. 480, § 17 and Stats. 1999, ch. 652, § 17.5.) We conclude that the trial court had no discretion to ignore the clear language of the statute, or to read into the statute a requirement that a “prove-up” hearing be held. As long as the County’s action proceeded in accordance with the appropriate statutes and guidelines in determining the proper level of child support in the proposed judgment, nothing more is required. Accordingly, we reverse the judgment.

[1315]*1315Factual and Procedural Background

Respondent did not appear in the proceedings before the trial court, and has not filed a brief on appeal. Accordingly, we accept the factual recitation contained in the County’s opening brief, but apply the rule that the County must affirmatively demonstrate prejudicial error. (County of Lake v. Antoni (1993) 18 Cal.App.4th 1102, 1104 [22 Cal.Rptr.2d 804]; Miles v. Speidel (1989) 211 Cal.App.3d 879, 881 [259 Cal.Rptr. 582] [“the better reasoned cases hold that ‘since the appellant has the affirmative burden to show error whether or not the respondent’s brief has been filed, the respondent’s failure to file does not require an automatic reversal’ ”]; Cal. Rules of Court, rule 17(b).)

Andrea, the minor in issue, was bom out of wedlock in 1992. In April 1998, the Yuba County District Attorney, Family Support Division (District Attorney), filed the instant paternity and child support action against respondent. The District Attorney’s “Summons and Complaint Regarding Parental Obligations” (complaint) charged that the minor had received public assistance since January 1997. It sought a judgment that respondent was the minor’s parent and that he pay $141 in monthly child support (based upon respondent’s “known” income of $640 monthly) and $5,193 in back child support.

Attached to the complaint was a proposed “Judgment Regarding Parental Obligations” (proposed judgment), ordering respondent to pay $141 in monthly support for the minor, effective May 1, 1998, and child support for the period from January 1997 through April 1998 in the amount of $5,193.2 The proposed judgment also informed respondent in no uncertain terms: “Notice: This Is a Proposed Judgment. This Judgment Regarding Parental Obligations will be entered by the court and will become legally binding unless you fill out and file the Answer . . . with the court clerk within 30 days of the date you were served with the Summons and Complaint. . . .” (Italics and bold print in original.)

On April 27, 1998, the complaint and proposed judgment were personally served on respondent. Respondent, however, did not appear as directed in the summons.

On July 21, 1998, the trial court, at the request of the District Attorney, entered respondent’s default.

[1316]*1316The trial court declined, however, to enter the proposed judgment as the judgment of the court. The trial court deemed the proposed judgment “questionable” because the support figures set forth therein were “not supported by evidence,” and because the District Attorney’s July 21, 1998, “Declaration for Default or Uncontested Judgment” lacked “any evidence of [respondent’s] actual earnings since 1997 or any evidence of earnings history.” (The declaration, however, did state: “All the information in the complaint is true and correct according to the records maintained by the district attorney pursuant to the Social Security Act.”) The trial court scheduled a default “prove-up" hearing.

The prove-up hearing was held on July 30, 1998, following which the trial court entered a default judgment, finding that respondent was the parent of the child. However, the trial court refused to order respondent to pay child support. Instead, the trial court’s judgment reserved the issue of current and past child support (and health insurance) and stated that “notwithstanding Welfare & Institutions Code section 11355(b)[,][3] evidence of . . . income must be presented before the proposed judgment can be entered.” The County appealed from the judgment.4

Discussion

I

Standard of Review

The judgment of a trial court is presumed correct. All intendments and presumptions are indulged to support the judgment. (In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 561-562 [20 Cal.Rptr.2d 132].) However, “ ‘questions relating to the interpretation of statutes are matters of law for the reviewing court. [Citation.]’ ” (In re Marriage of Drake (1997) 53 Cal.App.4th 1139, 1151 [62 Cal.Rptr.2d 466].) Thus, when a trial court’s ruling turns on the interpretation of a statute, the issue is one of law, subject to the independent review of this court. (Scott v. CIBA Vision Corp. (1995) 38 Cal.App.4th 307, 313 [44 Cal.Rptr.2d 902].)

The instant case involves a pure question of law: Whether the trial court’s refusal to enter the proposed judgment comports with the dictates of [1317]*1317former sections 11475.1 and 11355. We review the court’s judgment in the context of these former statutory provisions because “[a]s a general rule, an appeal only determines whether the judgment was correctly rendered based on . . . the law as it existed at that time.” (Broadmoor San Clemente Homeowners Assn. v. Nelson (1994) 25 Cal.App.4th 1, 4 [30 Cal.Rptr.2d 316].) We conclude that the trial court had no discretion to ignore the clear language of these statutes, or to read into these statutes the requirement that a “prove-up” hearing be held as a prerequisite to the entry of a final judgment.

II

Statutory Background

A. The Legislative Response to Title IV-D of the Social Security Act

In 1974, Congress enacted what is known as title IV-D of the Social Security Act, specifically “[f]or the purpose of enforcing the support obligations owed by absent parents to their children and the spouse (or former spouse) with whom such children are living.” (42 U.S.C. former § 651; see generally 42 U.S.C. §§ 651-669b.)

“The idea behind title IV-D, quite plainly, was to recoup welfare costs from the absent parents of children being given public assistance.”

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Cite This Page — Counsel Stack

Bluebook (online)
78 Cal. App. 4th 1311, 93 Cal. Rptr. 2d 524, 2000 Daily Journal DAR 2776, 2000 Cal. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-yuba-v-savedra-calctapp-2000.