Kalinawan

Kalinawan v. Kalinawan (In re Kalinawan)

Good Law
15 Cal. App. 5th 1265·224 Cal. Rptr. 3d 138
Court of Appeal of CaliforniaOctober 6, 2017H040921California3,060 words

Opinion

lead Opinion

Mihara, J.

*1267 Appellant Cesar Kalinawan challenges the trial court's order dismissing Cesar's request for a finding of nullity of marriage in respondent Minerva Kalinawan's action for a dissolution of marriage. He contends that the court erred in granting Minerva's in limine motion and dismissing his request based on its conclusion that he was estopped from challenging the validity of Minerva's divorce from her previous husband. We agree that the court erred and reverse its order.

I. Background

Gerry R. Brillantes married Minerva, who was a United States citizen, in January 1986 so that he could come to the United States from the Philippines. Minerva's sister, Victoria, who was Brillantes's ex-wife, was one of the witnesses to the 1986 marriage, which took place in the Philippines.

In April 1991, Brillantes filed a verified complaint in Nevada seeking the dissolution of his marriage to Minerva. He declared that he had been a "bona fide resident" of Nevada since January 1990 and had "the intent to make the State of Nevada his home, residence and domicile for an indefinite period of time." Victoria filed an affidavit in support of Brillantes's action in which she *1268 declared that she…

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