Legal Opinion
Stennett v. Miller
California Court of Appeal, 5th District
Decided April 12, 2019No. G054989PublishedCited by 16 opinions
1Opinion of the CourtAronson, J.
*287This case presents two issues: does the nonmarital biological child of an absentee father who never openly held her out as his own have standing under Code of Civil Procedure section 377.60 ( section 377.60 ) to sue for his wrongful death if she failed to obtain a court order declaring paternity during his lifetime?1 If she does not have standing, does section 377.60 violate the state or federal equal protection clauses?
We conclude the child does not have standing under the circumstances presented here, and we find no equal protection violation. As explained below, the legislative history of…
2Cases cited33 opinions
- Troxel v. GranvilleSupreme Court of the United States · 2000
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Lehr v. RobertsonSupreme Court of the United States · 1983
- Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
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3Cited by16 opinions
- Elkins v. California Highway PatrolDistrict Court, E.D. California · 2022
- Environmental Health Advocates, Inc. v. Sream, Inc.California Court of Appeal · 2022
- Estate of Charles Chivrell v. City of ArcataDistrict Court, N.D. California · 2022
- Gluck v. City and County of San FranciscoCalifornia Court of Appeal · 2025
- J.K.J. v. City of San DiegoDistrict Court, S.D. California · 2020
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