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LIBRERS v. BLACK

No. H025966.

28 Cal.Rptr.3d 188 (2005)

129 Cal.App.4th 114

Joseph A. LIBRERS, Plaintiff and Appellant, v. Maria E. BLACK, Defendant and Respondent.

Court of Appeals of California, Sixth District.

May 9, 2005.

Attorney(s) appearing for the Case

Stephen W. Penn, Morgan Hill, for Appellant.

Patrick E. Standifer, San Jose, for Respondent.

McADAMS, J.

Family Code section 7611, subdivision (d)1 defines a "presumed father" as a man who "receives the child into his home and openly holds out the child as his natural child." The question in this appeal is whether the trial court erred in finding that appellant lacked standing to prosecute an action under the Uniform Parentage Act (UPA) (§ 7600 et seq.) as a "presumed father." We hold that the trial court erred and, accordingly...

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