Walter

Walter v. August

Good Law

186 Cal. App. 2d 395·1960 Cal. App. LEXIS 1644·8 Cal. Rptr. 778·83 A.L.R. 2d 941

Court of Appeal of CaliforniaNovember 16, 1960Civ. 18998California1,978 words

Opinion

Duniway, J.

Appeal from a judgment setting aside a decree of adoption. We conclude that the judgment must be reversed.

On June 10, 1953, Mr. and Mrs. August, the defendants who are appealing in this matter, filed in the Superior Court, Contra Costa County, a petition to have the child, who was then living with them, declared free of the custody and control of his parents, Mr. and Mrs. Walter, the successful plaintiffs below. (Welf. & Inst. Code, § 701, subd. (a).) The petition alleged the names of the parents, and that the petitioners had no information as to their whereabouts, but did not contain the statements required by Welfare and Institutions Code, section 722, as to the name and residence of a relative residing within the state, nor were such allegations supplied by any affidavit. No notice or citation was served upon or mailed to anyone (cf. Welf. & Inst. Code, §§ 777, 779), but a copy of the citation was published pursuant to section 778 of that code. The petition was granted on August 17, 1953.

Also on June 10, 1953, the appellants petitioned to adopt the child. The decree of adoption was granted on November 10, 1953. Over five years later, on December 10, 1958, the respondent…

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