MAURO B. v. Superior Court

I dissent.

I agree with the majority that this writ petition was filed after the trial court order terminating petitioner’s parental rights became final. However, as recognized by my colleagues, writ review in special circumstances is nevertheless available. (Maj. opn., ante, at p. 953, quoting from Adoption of Alexander S. (1988) 44 Cal.3d 857, 865 [ 245 Cal.Rptr. 1 , 750 P.2d 778 ].) Such are our circumstances.

I

Because the majority opinion omits many material facts necessary to determine whether “special circumstances” exist, we recite the facts in detail. Petitioner and the child’s natural mother, Tammie G., were never married, although they did cohabit. They lived together off and on, but separated several weeks before their baby was bom. Tammie G. does not dispute that petitioner is her son’s natural father.

*958 The relationship was tumultuous. When Tammie G. gave birth on April 5, 1990, she was living with her sister; petitioner was living with his mother. Petitioner did not learn of his son’s birth until April 12, when he also discovered Tammie G. had placed the baby for adoption. She refused to tell him his son’s whereabouts. The next day he learned the baby was in…

The superior court issued a judgment under the Uniform Parentage Act (Civ. Code, § 7000 et seq.) denying petitioner Mauro B.’s request to declare a parent and child relationship exists between himself and Baby Boy G. (minor), and allowing real parties in interest William and Mary S. to adopt minor without Mauro’s consent. Mauro filed the instant petition seeking to vacate the judgment. Initially, we issued an alternative writ and set the matter for a hearing. Real parties filed a demurrer and return to the writ, arguing in part the petition had not been timely filed. We conclude that since the lower court’s decision was an appealable judgment and petitioner failed to file a notice of appeal within the time provided by law, the petition should be dismissed.

*952 Facts

The relevant facts are not in dispute. 1 Tammie G. gave birth to minor April 5, 1990. On April 16, William and Mary S. filed a petition to adopt him in the Orange County Superior Court. Unaware of the S.’s petition, Mauro filed an action in the San Joaquin County Superior Court seeking to declare the existence of a father and child relationship between himself and minor. (Civ. Code, § 7006.) On May 5,…

Jane A. Gorman for Real Parties in Interest.

OPINION

MOORE, J.

The superior court issued a judgment under the Uniform Parentage Act (Civ. Code, § 7000 et seq.) denying petitioner Mauro B.'s request to declare a parent and child relationship exists between himself and Baby Boy G. (minor), and allowing real parties in interest William and Mary S. to adopt minor without Mauro's consent. Mauro filed the instant petition seeking to vacate the judgment. Initially, we issued an alternative writ and set the matter for a hearing. Real parties filed a demurrer and return to the writ, arguing in part the petition had not been timely filed. We conclude that since the lower court's decision was an appealable judgment and petitioner failed to file a notice of appeal within the time provided by law, the petition should be dismissed.

The relevant facts are not in dispute. [1] Tammie G. gave birth to minor April 5, 1990. On April 16, William and Mary S. filed a petition to adopt him in the Orange County Superior Court. Unaware of the S.'s petition, Mauro filed an action in the San Joaquin County Superior Court seeking to declare the existence of a father and child relationship between himself…