On appeal, the court held that although petitioner was not a presumed father, his status as an alleged father gave him standing to pursue the action. Fouad Said appeals from the summary judgment denying his petition to determine that he is not the father of Fouad Samir Said Fam. Librers, supra, Cal. Hoffman for Defendants and Respondents. He never authorized Jegan to do so.
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Scott Specialty Gases, Inc. Instead, they contend as they did below that the trial court could disregard that evidence and hold appellant to his sworn statements that he never acted as a presumed father.
Schwartz and Larry M. To the extent we interpret a statute based on undisputed facts, we are not bound by the trial court’s interpretation, and instead decide the correct meaning as a matter of law. We therefore agree with appellant that an alleged father seeking to establish the nonexistence of paternity qualifies as an interested party under sectionsubdivision bso long as he alleges that there are facts, which if believed, show he might qualify as a presumed father under sectionsubdivision d. Attached to his declaration were photocopies of numerous photographs showing appellant in displays of affection with Fouad and other family members on various occasions.
Jega, its statements about the scope of subdivision b are dicta, and its holding applies to only subdivision a 2 of section The Uniform Parentage Act provides the framework for judicial determinations of paternity.
Under sectionsubdivision aa man is presumed to be the father of a child born during, jegann within days after the termination of, his marriage to the child’s mother. He was in Saudi Arabia when Fouad was conceived and born. Librers, supra, at pp.
First, instead of helping respondents, Miller confirms that an alleged father has standing under sectionsubdivision b. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements.
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Appellant does not contest the propriety of that order. We alternatively hold that appellant’s claimed interest in denying a share of his estate to an alleged interloper only serves to enhance his status as an interested party. The statute must be given a reasonable and commonsense interpretation consistent with the apparent purpose and intention of the Legislature, practical rather than technical in nature, and which, when applied, will result in wise policy rather than mischief or absurdity Those actions may be brought by the child, by the mother, by a man alleged or alleging himself to be the father, and by others.
Respondents then moved for summary judgment, contending that appellant lacked standing to bring his petition under section They contend that appellant’s financial motivation to bar Fouad from claiming he is appellant’s biological heir somehow divests appellant of his status as an interested party. Respondents offer no reason why decisions interpreting the standing requirement in an action to determine the existence of paternity have no application to non-paternity actions under the same provision.
We reject respondents’ contention that Librers applies only to actions to determine the existence of paternity, not to actions to determine its nonexistence. Authorities 13 This opinion cites: Because he presented sufficient evidence to show he might qualify as the presumed father Fam. County of Orange v. The trial court granted a motion to quash the paternity petition due to a lack of standing, but also determined that petitioner was not the presumed father.
If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense. We therefore deem the issue waived for failure to cite relevant authority. According to appellant, he learned at some unspecified time that he was listed as Fouad’s father on Fouad’s birth certificate.
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In reviewing an order granting summary judgment, we must assume the role of the trial court and redetermine the merits of the motion.
Jaffe, Beverly Hills, and Aimee H. While the appellate court must review a summary judgment motion by the same standards as the trial court, it must independently jegna as a matter of law the construction and effect of the facts presented.
The term “interested party” includes alleged fathers id.
Sectionsubdivision b permits both types of actions and makes no distinction between them when describing their requirements. At the time, they had a seven-year-old daughter named Suna.
If the language of a statute is clear, we should not add to or alter it to accomplish a purpose which does not appear on the face of the statute or from its legislative history.
Appellant is awarded his costs on appeal.