Monroe v. Gilbert
Filed 8/17/06 Monroe v. Gilbert CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
WENDY A. MONROE, Plaintiff and Respondent, v. MAURICE GILBERT, Defendant and Appellant; SAN BERNARDINO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Intervenor and Respondent. | E038556 (Super.Ct.No. SDA120929) OPINION |
APPEAL from the Superior Court of San Bernardino County. Diane I. Anderson, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
R.E. Scott & Associates, R.E. Scott, for Defendant and Appellant.
No appearance by Plaintiff and Respondent Wendy Monroe.
Bill Lockyer, Attorney General, Thomas R. Yanger, Chief Assistant Attorney General, Paul Reynaga, Supervising Deputy Attorney General, and Sharon Quinn, Deputy Attorney General, for Intervenor and Respondent.
Appellant Maurice Gilbert (Gilbert) appeals from the trial court's judgment finding him to be the father of a minor child and ordering him to pay child support and arrears. Gilbert argues that the trial court erred when it denied his motion to dismiss the paternity action because this action was not brought to trial within five years from the date that a previous paternity action was filed against him in the same county. (Code Civ. Proc., § 583.310.)[1]
Statement of Facts
Respondent Wendy Monroe (Monroe) is the mother of a minor child born October 4, 1990. Monroe testified at trial that the child was conceived while Gilbert lived with her in Virginia Beach, Virginia, from June 1989 to August 1990. Monroe also testified that, until the child was about nine years old, Gilbert had acknowledged the child as his son by telling him he was his father, sending him cards, calling him, and at one point telling Monroe to send the child to live with him.
On May 25, 1995, the District Attorney of San Bernardino County[2] filed a child support action on behalf of Monroe, entitled â€