California Court of Appeal

Trial court's order denying petitioner's motions to set aside a 1998 default judgment obtained against him by the County of San Diego Department of Child Support Services (DCSS) and to dismiss the action is reversed where: 1) the trial court never obtained personal jurisdiction over petitioner because he was never served with the complaint and summons, or other documents and notices as required by the statutory procedures used by the DCSS to commence this action against petitioner; and 2) the trial court abused its discretion because, under the unique facts of this case, once the trial court determined that the default judgment was void as a matter of law based on the lack of personal jurisdiction, it was required to dismiss this action.

Appellate Information

• Decided 07/21/2010
• Published 07/21/2010

Judges

• HUFFMAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Linda Cianciolo, Edmund G. Brown, Jr.