County of Orange v. LESLIE B.
Opinion
Opinion
Wallin, J.
Pursuant to Welfare and Institutions Code section 11350.1, the Orange County District Attorney filed a complaint on behalf of Jennifer K. against Leslie B. and Gregory Z. to establish paternity and to provide support. Gregory was married to and lived with Jennifer’s mother Catherine K. when Jennifer was conceived, but they separated and divorced shortly thereafter. Leslie was having a sexual relationship with Catherine at that time. Leslie appeals the order of paternity finding him to be the natural and legal father of Jennifer. He contends the court erred in refusing to declare that Gregory is Jennifer’s legal father based on the presumption contained in Evidence Code section 621. We affirm.
Catherine and Gregory were married in November 1974. They spent a great deal of time apart during their brief marriage. In May 1976 Catherine went to Hawaii, leaving Gregory a note stating their marriage was over. The two did not have sexual relations thereafter. When Catherine returned she moved in with her parents. In June she moved back in with Gregory for one month.
During the summer of 1976 Catherine and Leslie, who was also married, were involved in a sexual relationship.…