County of Alameda v. Eluyera CA1/3

Filed 10/20/21 County of Alameda v. Eluyera CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

COUNTY OF ALAMEDA, Plaintiff and Respondent, A162018 v. OLUBUKOLA FREEMAN (Alameda County ELUYERA, Super. Ct. No. HF19025621) Defendant and Appellant.

Defendant Olubukola Freeman Eluyera1 appeals in propria persona from an order denying his motion to vacate a judgment determining paternity and child support. Defendant contends that the trial court lacked personal jurisdiction over him and that his paternity was not established by admissible evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In July 2019, the Alameda County Department of Child Support Services (Department) filed a summons and complaint (Judicial Council Forms, form FL-600) regarding parental obligations against defendant, seeking to establish child support for minor I.A. The complaint identified I.A.’s parents as O.A. and defendant and alleged that I.A. was “conceived

1 Throughout his papers, defendant identifies himself as a man “known to use the name Olubukola-Freeman: Eluyera.”

during the marriage of mother and father.” The proposed judgment (Judicial Council Forms, form FL-630) specified monthly child support from defendant in the amount of $1,354 beginning in August 2019, as well as an order requiring defendant to provide and maintain health insurance coverage for the minor. In January 2020, the Department filed a proof of service stating in relevant part that on December 20, 2019, the declarant served defendant by first class mail, postage prepaid, with copies of the summons; complaint; proposed judgment; blank answer (Judicial Council Forms, form FL-610)2; information sheet for service of process (Judicial Council Forms, form FL- 611); income and expense declaration (Judicial Council Forms, form FL-150); visitation verification; and health insurance information form. The documents were mailed to an address in Texas with return receipt requested. The proof of service attached a certified mail receipt dated December 27, 2019, purporting to bear defendant’s handwritten name and signature. The complaint informed defendant that if he did not file the attached answer within 30 days from the date of service, “the proposed Judgment will become a final determination that you are the parent and responsible for support.” In February 2020, the Department moved for judgment regarding child support and health care. On May 11, 2020, defendant filed an “Affidavit of Status” in which he stated he was a “Non-State Citizen” and “security interest holder” to property belonging to a corporate entity named Olubukola Freeman Eluyera, which he referred to as the “Debtor.” He stated that all contracts and legal duties of