Estate of Hart

Administratrix appeals a judgment on a petition to determine heirship. The trial court found Kevin Law Hart, adopted son of Robert Law, to be the heir at law of his natural father, Louis William Hart.

Kevin has not filed a respondent’s brief “and thus rule 17(b) of the California Rules of Court is applicable to this appeal. It provides in pertinent part: . . the court may accept as true the statement of facts in the appellant’s opening brief and, unless the appellant requests oral argument, may submit the case for decision on the record and on the appellant’s opening brief.’” (In re Marriage of Davies (1983) 143 Cal.App.3d 851, 854 [ 192 Cal.Rptr. 212 ].) The administratrix requested oral argument. Although he filed no respondent’s brief, Kevin’s attorney was present and orally argued at that time. Additionally, he presented several documents to augment the record. We have examined the record, including its augmentation, and find the judgment must be reversed.

Facts

Kevin Hart was born October 25, 1938, to Louis and Margaret Hart. The parents were divorced in Colorado in 1942 and Margaret was granted exclusive custody of Kevin.

Margaret later married Robert Oakley Law…