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BONNIE P. v. SUPERIOR COURT

No. D046687.

37 Cal.Rptr.3d 77 (2005)

134 Cal.App.4th 1249

BONNIE P. et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent, Jacqueline P., Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

December 15, 2005.

Attorney(s) appearing for the Case

Kathleen Murphy Mallinger, under appointment by the Court of Appeal, for Petitioner Bonnie P.

Diane Nichols, under appointment by the Court of Appeal, San Diego, for Petitioner Gary P.

No appearance by Respondent.

Julie E. Braden, under appointment by the Court of Appeal, San Diego, for Real Party in Interest.

McCONNELL, P.J.

In this case, the trial court granted the petition of Jacqueline P. for a declaration of emancipation under Family Code section 7120.1 We conclude the court erred by not swearing in the witnesses, and in any event, even if we consider their statements valid testimony, substantial evidence does not satisfy the statutory criteria: Jacqueline is willingly living apart from her parents, Gary P. and Bonnie P., but without...

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