Said

Said v. Jegan

Good Law
146 Cal. App. 4th 1375·2007 Cal. App. LEXIS 79·2007 Daily Journal DAR 1050·53 Cal. Rptr. 3d 661·2007 Cal. Daily Op. Serv. 830
Court of Appeal of CaliforniaJanuary 23, 2007B182232California3,631 words

Opinion

Opinion

Rubin, J.

Fouad Said appeals from the summary judgment denying his petition to determine that he is not the father of Fouad Samir Said (Fam. Code, § 7630, subd. (b)) on the ground that he lacked standing as a presumed father to maintain such an action. Because he presented sufficient evidence to show he might qualify as the presumed father (Fam. Code, § 7611, subd. (d)), we hold that the trial court erred and reverse the judgment.

FACTS AND PROCEDURAL HISTORY

Fouad Said (appellant) and Henrietta Jegan obtained a California divorce judgment in December 1977. At the time, they had a seven-year-old daughter named Suna. In April 1979, Jegan gave birth to a son—Fouad Samir Said—and named appellant as the father on Fouad’s birth certificate. In April 2003—immediately before Fouad’s 24th birthday—appellant filed a petition to remove his name from Fouad’s birth certificate, alleging that he was “erroneously” listed as the father. The petition was prepared on a form denominated as one to establish parentage under Family Code section 7630, which is part of the Uniform Parentage Act. (Fam. Code, § 7600 et seq.) Respondents filed a response that denied appellant’s allegations, and raised…

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