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IN RE MARK K.

Docket No. F002248.

159 Cal.App.3d 94 (1984)

205 Cal. Rptr. 393

In re MARK K., a Person Coming Under the Juvenile Court Law. DEPARTMENT OF SOCIAL SERVICES, Petitioner and Respondent, v. HAROLD K., Objector and Appellant.

Court of Appeals of California, Fifth District.

August 15, 1984.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Court of Appeal, and Christine Zilius, Deputy State Public Defender, for Objector and Appellant.

David J. Beauvais, under appointment by the Court of Appeal, for the Minor.

Floyd R.B. Viau, County Counsel, and Vincent J. McGraw, Deputy County Counsel, for Petitioner and Respondent.

OPINION

WOOLPERT, J.

Is the traditional summary judgment procedure available to avoid the necessity of a trial in a special proceeding brought to declare a child free from the custody of his natural father? We hold it is not.

In April of 1982, Fresno County, through its Department of Social Services, filed a petition to free Mark K., a minor, from the custody of his natural father, Harold K. The petition was filed on the grounds...

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