SAID v. JEGAN
Filed
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF
SECOND APPELLATE DISTRICT
DIVISION EIGHT
FOUAD SAID, Plaintiff and Appellant, v. HENRIETTA JEGAN et al., Defendants and Respondents. | B182232 ( Super. |
APPEAL from the judgment of the Superior Court of Los Angeles County. Wendy L. Kohn, Judge. Reversed.
Jaffe & Clemens, Daniel J. Jaffe and Aimee H. Gold; Greines, Martin, Stein & Richland, Robin Meadow and Dana Gardner Adelstein, for Plaintiff and Appellant.
Glen H. Schwartz and Larry M. Hoffman for Defendants and Respondents.
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Fouad Said appeals from the summary judgment denying his petition to determine that he is not the father of Fouad Samir Said (Fam. Code, § 7630, subd. (b)) on the ground that he lacked standing as a presumed father to maintain such an action. Because he presented sufficient evidence to show he might qualify as the presumed father (Fam. Code, § 7611, subd. (d)), we hold that the trial court erred and reverse the judgment.
FACTS
Fouad Said (appellant) and Henrietta Jegan obtained a California divorce judgment in December 1977. At the time, they had a seven-year-old daughter named Suna. In April 1979, Jegan gave birth to a son – Fouad Samir Said – and named appellant as the father on Fouad's birth certificate.[1] In April 2003 – immediately before Fouad's 24th birthday – appellant filed a petition to remove his name from Fouad's birth certificate, alleging that he was â€