Brooks

Brooks v. Los Angeles County Bureau of Adoptions

Good Law
1963 Cal. App. LEXIS 1840·218 Cal. App. 2d 732·32 Cal. Rptr. 466
Court of Appeal of CaliforniaJuly 30, 1963Civ. 27129California817 words

Opinion

Opinion

Smith, J.

Appellant appeals from a judgment based on an order sustaining a demurrer to her complaint without leave to amend. While her complaint is not clear, she apparently attempted to plead that by fraud and misrepresentations the County Bureau of Adoptions induced her to sign a relinquishment of her child; that the father also signed; that she attempted to rescind and filed an action (prior to this one) to cancel the relinquishment; that she lost such action because the father would not consent to the rescission; that she appealed; that the defendant County Bureau of Adoptions induced her to abandon her appeal by representing they would assist her in readopting her own child; that the Bureau started to do so but after she made arrangements they refused. She wants her child back.

The trial judge sustained a demurrer to such complaint without leave to amend for the sole reason that he believed that result was required by In re Newman, 187 Cal.App.2d 377 [ 9 Cal.Rptr. 746 ]. For the same reason he did not decide any of the grounds set forth in the demurrer filed by the county. The Newman case was decided on a very limited record and the present problem was not before this court. Section…

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