Legislature established a categorical rule (California) · Go Syfert
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Legislature established a categorical rule in California

7 California opinions name it 1 courts 2011–2014 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
San Diego County Health & Human Services Agency v. Roger S.green
calctapp · 2011 · cited in 5 California opinions naming this issue, 2012–2014
2 sentences

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

45
San Diego County Health & Human Services Agency v. Jade M.green
calctapp · 2011 · cited in 3 California opinions naming this issue, 2012–2014
2 sentences

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

23
Los Angeles County Department of Children & Family Services v. Richard B.green
calctapp · 2012 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

22
In Re Jesusagreen
cal · 2004 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

2014(See In re Cheyenne B., supra, 203 Cal.App.4th at p. 1376 [judgment of paternity rebuts section 7611 paternity presumptionl]; In re Levi H. (2011) 197 Cal.App.4th 1279, 1290 [voluntary declaration of paternity extinguishes section 7611 paternity presumption]; In re P.A., supra, 198 Cal.App.4th at p. 982 [judgment of paternity defeats section 7611 presumed father status].) " 'In enacting section 7612, subdivision (c) [now subdivision (d)], the Legislature established a categorical rule that allows a presumption of fatherhood to be rebutted when a judgment of paternity already exists, thereby pr

22
Kevin Q. v. Lauren W.green
calctapp · 2009 · cited in 2 California opinions naming this issue, 2011–2013
2 sentences

2013(See, e.g., Barkaloff v. Woodward (1996) 47 Cal.App.4th 393, 399 , [presumption of paternity was rebutted under § 7612 by prior stipulated judgment of paternity by another man]; Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119, 1141 , [voluntary declaration of paternity under § 7573 accorded force and effect of a judgment].) Stated another way, a section 7611 presumption is rebutted by a prior judgment because that „judgment acts to preclude the issue of paternity from being redetermined.‟ (In re A.A., supra, 114 Cal.App.4th at p. 789 , italics added.)” (In re P.A., supra, at p. 982.)2 2 To t

2011(See, e.g., Barkaloff v. Woodward (1996) 47 Cal.App.4th 393, 399 [ 55 Cal.Rptr.2d 167 ] [presumption of paternity was rebutted under § 7612 by prior stipulated judgment of paternity by another man]; Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119, 1141 [ 95 Cal.Rptr.3d 477 ] [voluntary declaration of paternity under § 7573 accorded force and effect of a judgment].) Stated another way, a section 7611 presumption is rebutted by a prior judgment because that “judgment acts to preclude the issue of paternity from being redetermined.” (In re A.A., supra, 114 Cal.App.4th at p. 789, italics added.)

12
Barkaloff v. Woodwardgreen
calctapp · 1996 · cited in 2 California opinions naming this issue, 2011–2013
2 sentences

2013(See, e.g., Barkaloff v. Woodward (1996) 47 Cal.App.4th 393, 399 , [presumption of paternity was rebutted under § 7612 by prior stipulated judgment of paternity by another man]; Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119, 1141 , [voluntary declaration of paternity under § 7573 accorded force and effect of a judgment].) Stated another way, a section 7611 presumption is rebutted by a prior judgment because that „judgment acts to preclude the issue of paternity from being redetermined.‟ (In re A.A., supra, 114 Cal.App.4th at p. 789 , italics added.)” (In re P.A., supra, at p. 982.)2 2 To t

2011(See, e.g., Barkaloff v. Woodward (1996) 47 Cal.App.4th 393, 399 [ 55 Cal.Rptr.2d 167 ] [presumption of paternity was rebutted under § 7612 by prior stipulated judgment of paternity by another man]; Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119, 1141 [ 95 Cal.Rptr.3d 477 ] [voluntary declaration of paternity under § 7573 accorded force and effect of a judgment].) Stated another way, a section 7611 presumption is rebutted by a prior judgment because that “judgment acts to preclude the issue of paternity from being redetermined.” (In re A.A., supra, 114 Cal.App.4th at p. 789, italics added.)

12
In Re AAgreen
calctapp · 2003 · cited in 2 California opinions naming this issue, 2011–2013
2 sentences

2013(See, e.g., Barkaloff v. Woodward (1996) 47 Cal.App.4th 393, 399 , [presumption of paternity was rebutted under § 7612 by prior stipulated judgment of paternity by another man]; Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119, 1141 , [voluntary declaration of paternity under § 7573 accorded force and effect of a judgment].) Stated another way, a section 7611 presumption is rebutted by a prior judgment because that „judgment acts to preclude the issue of paternity from being redetermined.‟ (In re A.A., supra, 114 Cal.App.4th at p. 789 , italics added.)” (In re P.A., supra, at p. 982.)2 2 To t

2011(See, e.g., Barkaloff v. Woodward (1996) 47 Cal.App.4th 393, 399 [ 55 Cal.Rptr.2d 167 ] [presumption of paternity was rebutted under § 7612 by prior stipulated judgment of paternity by another man]; Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119, 1141 [ 95 Cal.Rptr.3d 477 ] [voluntary declaration of paternity under § 7573 accorded force and effect of a judgment].) Stated another way, a section 7611 presumption is rebutted by a prior judgment because that “judgment acts to preclude the issue of paternity from being redetermined.” (In re A.A., supra, 114 Cal.App.4th at p. 789, italics added.)

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Statutes the citing opinions construe

CA § Cal. Family Code § 7611 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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