Truschke
Truschke v. La Rocca
Opinion
Lead Opinion
Salsman, J.
John F. Truschke III appeals from a portion of a judgment which denied his petition for appointment as guardian of bis illegitimate daughter. The trial court *77 found that John had failed to legitimate his child in conformance with the requirements of Civil Code section 230.
The principal issue on appeal is whether appellant by his conduct succeeded in legitimating his natural daughter.
The facts are not in dispute. John Truschke and Suzanne Marie La Rocea met when Suzanne was 16 years of age and John was 18. About four months after they first met they agreed to marry. Suzanne’s father objected. Suzanne became pregnant with John’s child and her father placed her in St. Elizabeth’s Home in San Francisco to await the birth of her baby. John continued to see Suzanne. There was testimony that the young couple discussed marriage while Suzanne was at St. Elizabeth’s and planned that John would take care of the baby until Suzanne reached her 18th birthday, at which time they would marry. Suzanne was transferred from St. Elizabeth’s to St. Mary’s Hospital without John’s knowledge, but John discovered Suzanne’s whereabouts and continued to see her twice a week for an hour a day until…