County of Los Angeles v. Superior Court

Opinion

STEPHENS, Acting P. J.

Each of the within petitions involves essentially identical facts and the same legal issue. We issued alternative writs at the direction of the Supreme Court. For simplicity’s sake we are issuing a single decision.

Each of the real parties, prior to May 25, 1979, signed an agreement for entry of judgment regarding paternity and child support, pursuant

[991]

to Welfare and Institutions Code section 11476.1.

1

Petitioner had these agreements reduced to judgment, also prior to May 25, 1979.

2

On May 25, 1979, the Court of Appeal, in

County of Ventura

v.

Castro

(1979) 93 Cal.App.3d 462 [156 Cal.Rptr. 66] (hereinafter Castro), held Welfare and Institutions Code section 11476.1 unconstitutional because it permitted entry of a final judgment against a noncustodial parent, based upon an out-of-court agreement, without providing notice and an opportunity to be heard and in the absence of a showing of a voluntary, knowing and intelligent waiver of constitutional rights by the parent.

Castro

expressly declined to address the issue of its own retroactivity. (93 Cal.App.3d 462, 474, fn. 2.)

No payments were ever made by any of the real parties in the within matters under the agreements or judgments. Petitioner filed orders to show cause in re contempt against each of the real parties.

3

They each countered with a motion to vacate judgment citing

Castro

and alleging that they had not been advised of or knowingly waived their constitutional rights prior to signing the underlying agreement which formed the basis for the paternity and support judgment. Respondent granted the motions to vacate judgment and the within petitions followed.