County of Los Angeles v. Floyd CA2/8

Filed 5/11/15 County of Los Angeles v. Floyd CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

COUNTY OF LOS ANGELES, B251421

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BY973123) v.

DAREN LARUE FLOYD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Scott M. Gordon, Judge. Affirmed.

Daren Larue Floyd, in pro per.

Alexandra Bauer, Chief Attorney, Tammy Nakada and Richard H. Kim, Legal Counsel for Plaintiff and Respondent.

______________________________

This appeal arises from a complaint filed against Daren Larue Floyd by the County of Los Angeles (County) seeking child support payments. Floyd objected to his case being heard by a commissioner rather than a judge. He contends his due process rights were violated when the trial court failed to comply with a 10-day deadline to issue a temporary order and schedule a de novo hearing after his objection was submitted. He requests we reverse the trial court’s order. We decline to do so and affirm the challenged order. BACKGROUND Floyd and Tiffany Wade are the parents of Wynter Sydney Floyd. The County sought child support payments from Floyd by way of a complaint filed on March 18, 2011, which Floyd answered on November 28, 2011. On February 10, 2012, the County moved for judgment. The matter was assigned to a commissioner. Floyd timely objected to the commissioner hearing the matter as a temporary judge. The commissioner issued her findings and recommendations under Family Code section 42511 on August 28, 2012. The commissioner recommended Floyd be ordered to pay monthly child support of $679 beginning September 1, 2012, and found he owed $11,543 in past child support for the period from April 1, 2011 to August 31, 2012. On September 5, 2012, Floyd noticed an objection to the findings and recommendations issued by the commissioner and requested the matter be set for a de novo hearing before a superior court judge. A hearing for a case review was set in the judge’s courtroom in the Superior Court on September 18, 2012, but it was taken off calendar because the parties failed to appear. However, there is no indication the parties were provided notice of the hearing. No further hearings were set. As a result, the commissioner issued a judgment regarding parental obligations on December 21, 2012. Six months after his objection, on March 7, 2013, Floyd filed a request for a hearing to set aside the support order, contesting the judgment issued by the commissioner. Floyd once again sought a de novo hearing before a superior court judge.