Wiles
Wiles v. Pratt CA4/3
Opinion
Opinion
Fybel, J.
INTRODUCTION
Melinda Julie LaMere and Gary Alan Wiles were married in April 2012. They did not, either before or after their marriage ceremony, obtain a marriage license. LaMere died less than a month after the wedding ceremony. Wiles filed a petition to establish the fact, date, and place of the marriage. The trial court denied the petition, and Wiles appeals. We conclude California law mandates issuance of a marriage license, as well as consent of the parties and solemnization, in order to have a valid marriage. Lacking a marriage license, the marriage of LaMere and Wiles was not valid. We therefore affirm.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
On April 28, 2012, Reverend Agustin Cortes performed a marriage ceremony for Wiles and LaMere; at the time, LaMere was hospitalized. It is undisputed that Wiles and LaMere never obtained a marriage license. LaMere died on May 24, 2012. On July 24, 2012, in the Orange County Superior Court, Wiles filed a petition to establish the fact, date, and place of the marriage. The trial court denied the petition on the ground there was no marriage license and, therefore, no valid marriage. Wiles timely appealed.