Legal Opinion

Martinez v. Vaziri

California Court of Appeal

Decided April 8, 2016No. H041758PublishedCited by 5 opinions

1Opinion of the Court

Opinion

PREMO, J.—

Petitioner appeals the denial of his petition to establish a parental relationship, as a third natural parent, with his three-year-old niece (child). The trial court ruled that petitioner met the statutory criteria of a presumed parent, but found the presumption was rebutted under recently amended Family Code section 7612, subdivisions (c) and (d). Pursuant to section 7612, subdivision (c), the trial court found that recognizing only two parents — child’s mother and biological father (father) — would not be detrimental to child, and therefore ruled that, pursuant to section…

2Cases cited19 opinions

  1. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  2. Reserve Insurance Co. v. PisciottaCalifornia Supreme Court · 1982
  3. People Ex Rel. Lockyer v. Shamrock Foods Co.California Supreme Court · 2000
  4. Linder v. Thrifty Oil Co.California Supreme Court · 2000
  5. Nwosu v. UbaCalifornia Court of Appeal · 2004

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3Cited by5 opinions

  1. Flo & Eddie, Inc. v. Pandora Media, Inc.Court of Appeals for the Ninth Circuit · 2017
  2. C.A. v. C.P., California Court of Appeal, 5th District2018
  3. In re A.N. CA1/3California Court of Appeal · 2016
  4. In re N.C. CA1/2California Court of Appeal · 2020
  5. S.F. Human Servs. Agency v. Heidi S. (In re Alexander P.), California Court of Appeal, 5th District2016

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