Willerton v. Bassham

889 P.2d 823, 111 Nev. 10, 1995 Nev. LEXIS 10
CourtNevada Supreme Court
DecidedJanuary 24, 1995
Docket23328
StatusPublished
Cited by28 cases

This text of 889 P.2d 823 (Willerton v. Bassham) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willerton v. Bassham, 889 P.2d 823, 111 Nev. 10, 1995 Nev. LEXIS 10 (Neb. 1995).

Opinions

[12]*12OPINION

By the Court,

Shearing, J.:

In 1981 Peggy Bassham (Peggy), the County of Sonoma, State of California (Sonoma) and Zachary Bassham (Zachary), through his guardian ad litem, the Welfare Division of the State of Nevada, Department of Human Resources (collectively respondents), sued Keith Willerton (Keith). Respondents sought to establish the paternity of Zachary, to compel support for Zachary and to require Keith to repay to Sonoma the costs of support paid to Peggy in the form of public assistance payments. In July 1982 the parties settled the suit by entering into a stipulation (the agreement) to compromise the suit under NRS 126.141(l)(b). The agreement provided that paternity would riot be determined, at least with regard to the formal record.1

In addition, the agreement provided that Keith would pay to Peggy $150 per month “as and for the ongoing support” of Zachary and would repay Sonoma in monthly payments for the public assistance grants and the cost of blood testirig. On July 12, 1982, the district court approved the agreement ánd entered an [13]*13order declaring judgment in favor of Peggy and Sonoma as to the support and reimbursement provisions. The court did not address paternity. On the same day the district court sealed the entire file relating to the case, including the Complaint and Answer and the agreement. The file was only to be opened “upon a showing by any interested party of the death of defendant KEITH WILLERTON, or upon a refusal of [WILLERTON] to make the monthly payments heretofore ordered by this Court.”

Keith filed a motion in the district court nine years later to reduce the two orders to a formal judgment. He apparently did so in response to an earlier request by the Douglas County District Attorney’s office to unseal the file to determine whether the support provisions of the order should be modified in accordance with Nevada law.2 On October 9, 1991, the district judge granted Keith’s motion and entered judgment, stating that “[j]udgment be and hereby is entered in accordance with the Order of July 12, 1982 and the Order Sealing File of July 12, 1982. This is a Final Judgment.”

On February 12, 1992, Peggy and Zachary brought suit in the Superior Court of California seeking to establish the paternity of Zachary and to compel support for Zachary. The Superior Court sustained Keith’s demurrer and dismissed Peggy and Zachary’s suit without prejudice. Keith then moved the Nevada district court for an order declaring its October 1991 judgment and July 1982 court orders to be binding and non-modifiable under the doctrine of res judicata. The district judge denied Keith’s motion, ruling that

a careful and confidential review of the aforesaid Stipulation and its terms, and the various pleadings and papers sealed therewith pursuant to order of this court dated July 12, 1982 . . . reveals that, because the parties chose to resolve their disputes by compromise agreement as provided for in N.R.S. 126.141 (l)(b), this Court did not then, nor has it to [14]*14date, finally determined the existence or non-existence of paternity. Therefore, res judicata does not act to bar the Superior Court of California, County of Sonoma, from making such a determination.

The court also stated that the support provisions enshrined in the order and based on the agreement were modifiable to the extent permitted by NRS 126.191.3 Keith appealed.

On appeal, Keith contends that the bar and merger principles of res judicata preclude any further litigation on the same claims or causes of action as those interposed in the Complaint originally filed in Nevada district court, which claims were disposed of through a compromise agreement provided for by statute. The Douglas County District Attorney, representing Peggy and Zachary, focuses on the support provisions of the judgment and contends that all provisions in court orders that provide for the financial support of a minor child are reviewable every three years under Nevada law, and that a prior consent judgment may not bar the review and modification of such an order by a court.

Resolution of the issue presented in this case involves an examination of Nevada’s Parentage Act, NRS 126.011 et seq., and Nevada’s Obligation of Support Act, NRS 125B.010 et seq., as well as the general principles of res judicata urged by the parties. The precise issue may be stated as follows:

Does a stipulated compromise agreement in an action to determine paternity and to compel child support, which has been approved by the court and incorporated in a court order and which later forms the basis for the judgment of the court, preclude a later action by either the mother or child, or both, to determine paternity and compel support or to modify the support provisions of the order?

We conclude that a consideration of the policies and purposes behind the applicable acts requires a departure from the otherwise appropriate application of the bar and merger principles of res judicata to preclude an action by Zachary to determine paternity and compel support and an action by Zachary or the State to modify support. Specifically, we hold that the principles of res judicata bar Peggy from reasserting an action to determine paternity or compel support, but that Zachary is not so barred. In addition, Zachary or the State may seek to modify the provisions [15]*15of a compromise agreement intended to provide Zachary with support to the extent that the judgment or order is being enforced in this state, and the state of Nevada may provide that all such orders are modifiable. We also hold that nothing in Nevada’s Parentage Act bars Zachary or an appropriate public agency in another state from seeking to compel additional support in a later action instituted in another state.

The agreement was entered into and approved by the court under NRS 126.141 which provides as follows:

126.141 Pretrial recommendations.
1. On the basis of the information produced at the pretrial hearing, the judge, master or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:
(a) That the action be dismissed without prejudice.
(b) That the matter be compromised by an agreement among the alleged father, the mother and the child, in which the father and child relationship is not determined but in which a defined economic obligation,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Martin v. Martin
2022 NV 78 (Nevada Supreme Court, 2022)
NALDER VS. DIST. CT. (UNITED AUTO. INS. CO.) C/W 78243
2020 NV 24 (Nevada Supreme Court, 2020)
Smith v. Napier
Nevada Supreme Court, 2015
WEDDELL VS. SHARP C/W 61329
2015 NV 28 (Nevada Supreme Court, 2015)
IN RE: ESTATE OF ROBERT C. MURRAY
2015 NV 8 (Nevada Supreme Court, 2015)
St. Mary v. Damon
309 P.3d 1027 (Nevada Supreme Court, 2013)
Redrock Valley Ranch, LLC v. Washoe County
254 P.3d 641 (Nevada Supreme Court, 2011)
Fernandez v. Fernandez
222 P.3d 1031 (Nevada Supreme Court, 2010)
Bower v. Harrah's Laughlin, Inc.
215 P.3d 709 (Nevada Supreme Court, 2009)
Five Star Capital Corp. v. Ruby
194 P.3d 709 (Nevada Supreme Court, 2008)
Copper Hills Enterprises, Ltd. v. Arizona Department of Revenue
153 P.3d 407 (Court of Appeals of Arizona, 2007)
Knapp v. Bayless, Unpublished Decision (8-28-2006)
2006 Ohio 4414 (Ohio Court of Appeals, 2006)
May v. Anderson
119 P.3d 1254 (Nevada Supreme Court, 2005)
CLARA C. v. William L.
750 N.E.2d 1068 (New York Court of Appeals, 2001)
Love v. Love
959 P.2d 523 (Nevada Supreme Court, 1998)
DELONEY BY AND THROUGH DELONEY v. Downey
1997 OK 102 (Supreme Court of Oklahoma, 1997)
Word v. Bailey (In re Bailey)
203 B.R. 640 (S.D. Ohio, 1996)
Wright v. State
916 P.2d 146 (Nevada Supreme Court, 1996)
Commonwealth ex rel. Hansard v. Shackleford
908 S.W.2d 671 (Court of Appeals of Kentucky, 1995)
Anderson v. Sharp
899 P.2d 1245 (Court of Appeals of Utah, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
889 P.2d 823, 111 Nev. 10, 1995 Nev. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willerton-v-bassham-nev-1995.