Marriage of Popejoy
Filed 6/27/06 Marriage of Popejoy CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
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| In re the Marriage of SUSAN A. and CHARLIE M. POPEJOY. | |
| SUSAN A. HAMMON, Plaintiff and Respondent, v. CHARLIE A. POPEJOY, Defendant and Respondent; SHASTA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Intervenor and Appellant. | C050490
(Super. Ct. No. 69113) |
More than 20 years after entry of a 1982 default judgment dissolving his marriage and requiring him to pay child support for two children of the marriage, Charlie M. Popejoy moved successfully to set aside that portion of the default judgment requiring him to support a child who was not yet born when the judgment was entered, and its implicit determination that Charlie[1] was the biological father of the unborn child.
Intervenor Shasta County Department of Child Support Services (the County) appeals, contending the trial court erred in allowing Charlie's belated collateral attack on the judgment. The County is correct; we shall reverse the judgment (order).
PROCEDURAL BACKGROUND[2]
In February 1981, Susan A. Popejoy filed a petition to dissolve her 1977[3] marriage to Charlie. The petition identified one minor child of the marriage‑‑a daughter, then seven-year-old P.‑‑and Susan checked the boxes indicating her request that â€
