Fuss v. Superior Court

Opinion

DABNEY, Acting P. J.

Wendy Dawn Leslie Fuss (Fuss) has petitioned for a writ of mandate to require respondent Superior Court for the County of San Bernardino (respondent court) to dismiss the complaint brought by real party in interest Lawrence Scot Madsen (Madsen). Fuss’s petition presents an issue of first impression: Does putative father, who brought an action under Civil Code section 7006, subdivisions (c) and (f) to establish his paternity of an unborn child, lose his right to maintain the action when another man becomes the child’s presumed natural father by marrying the mother…