In re Caceres

J. BRUCE NACCARI, Judge Pro Tem.

This appeal arises from the denial of a motion to set for trial an action to annul an adoption on grounds that the petition fails to state a cause of action.

Nora Altamirano Caceres and Arnold Uriel Caceres were married on June 23, 1984. Mrs. Caceres had been divorced from her first husband, Ellis Hugh Gee, on July 30, 1980 and her son, Marco Alexander Altami-rano, had been born on December 17, 1980. In July, 1985 Mr. and Mrs. Caceres’ attorney filed a joint petition for the couple to apply for adoption, alleging that the child was born out of wedlock. The…