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SAID v. JEGAN

SAID v. JEGAN
02:22:2007

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SAID v. JEGAN


 


 


Filed 1/23/07


CERTIFIED FOR PUBLICATION


 


 


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


SECOND APPELLATE DISTRICT


DIVISION EIGHT







FOUAD SAID,


Plaintiff and Appellant,


                        v.


HENRIETTA JEGAN et al.,


Defendants and Respondents.



      B182232


      (Los Angeles County


       Super. Ct. No. BF022743)



            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.


__________________________


            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 AND PROCEDURAL HISTORY


            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€





Description Plaintiff presented sufficient evidence to show he might qualify as presumed father of ex wife's son under Family Code Sec. 7630(b) where he was named as father on child's birth certificate, acknowledged his paternity and received child into his home; child stated in declaration that plaintiff always held himself out as his father, supported him emotionally and financially his whole life, and visited or vacationed with him and ex wife frequently; and plaintiff's ex wife said in declaration that she continued marital relationship with him for many years despite their divorce, with plaintiff providing financial support for her and her children.
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