Dent

Dent v. Wolf

Good Law
15 Cal. App. 5th 230·2017 Cal. App. LEXIS 784·222 Cal. Rptr. 3d 846
Court of Appeal of CaliforniaSeptember 12, 2017B278951California1,639 words

Opinion

lead Opinion

Flier, J.

*232 After concluding that appellant Susan Dent lacked standing, the trial court dismissed her paternity lawsuit. The narrow issue on appeal is whether a child who seeks a declaration of paternity after her putative father is deceased presents a justiciable controversy when the child requests no financial remuneration. We conclude that Dent has standing to pursue her paternity lawsuit and reverse the dismissal.

BACKGROUND

On December 23, 2014, then 69-year-old Susan Dent filed a petition to establish parental relationship under Family Code section 7630. 1 She named the executor of her putative father's estate as respondent, and by the parties' joint stipulation, the executor was later replaced by a special administrator (administrator). It is undisputed that Dent's putative father died testate in 1985, and final judgment on his estate was entered in 1993.

Administrator moved to dismiss Dent's paternity petition "on the ground that the Petition presents no justi[c]iable controversy as it seeks only an Order determining paternity with no request for any relief or payments of any kind." Administrator argued that Dent "does not stand to suffer any degree of injury in this matter,…

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