Arzaga

County of San Diego v. Arzaga

Good Law
152 Cal. App. 4th 1336·2007 Cal. App. LEXIS 1107·62 Cal. Rptr. 3d 329
Court of Appeal of CaliforniaJuly 2, 2007D047798California4,547 words

Opinion

Opinion

O'Rourke, J.

David Arzaga appeals from what he characterizes as a judgment in favor of the County of San Diego (County) finding him to be the legal father of Karen R. under the doctrine of parentage by estoppel. Arzaga contends that the elements of the doctrine "were not established by the trial evidence and the court therefore abused its discretion in reaching its finding. County responds that the appeal must be dismissed because the statement of decision from which Arzaga took his appeal is not an appealable order. We disagree with County that the trial court’s order is not appealable, arid on the merits conclude a finding of parentage by estoppel in this case is prevented by the trial court’s finding that it was “clear that [Arzaga] truly did not know that he was not the biological father and only stopped acting as such when the genetic test results were received in this action.” We therefore reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2004, County filed a complaint alleging that Arzaga was the father of Karen, who was bom in January 1989. Arzaga denied paternity in his answer, and subsequent DNA testing resulted in a finding that Arzaga was not Karen’s biological…

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