Stanford Law School - Robert Crown Law Library

In re Nicholas H. (2002)28 Cal.4th 407a , -- Cal.Rptr.2d --; -- P.3d --

[No. S100490. July 17, 2002.]

In re NICHOLAS H., a Person Coming Under the Juvenile Court Law.

ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. KIMBERLY H., Defendant and Appellant; THOMAS G., Defendant and Respondent.

[Modification fn. * of opinion (28 Cal.4th 56) on denial of petition for rehearing.]

THE COURT.-

The opinion herein, filed on June 6, 2002, appearing at 28 Cal.4th 56, is modified as follows:

The second sentence of the second paragraph of the opinion on page 58 [28 Cal.4th 58, advance report, 2d par.] is revised to read:

While his presumed father is providing a loving home for him, his mother has not done so, and his biological father, whose identity has never been judicially determined, has shown no interest in doing so.

This modification does not affect the judgment.

­FN *. This modification requires the movement of text affecting pages 58-59 of the bound volume.

Petition for review after the Court of Appeal reversed orders in a dependency proceeding. This case concerns whether the term "natural father" in Family Code section 7611 means "biological father" and whether an individual's status as a "presumed father" under that section is necessarily rebutted under Family Code section 7612 by the presumed father's admission he is not the child's bilogical father.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:	Cross Referenced Cases:
Wed, 07/17/2002	28 Cal.4th 407	S100490	Review - Civil Appeal	closed; remittitur issued	H. (NICHOLAS), IN RE (S102043) P. (JERRY), IN RE (S104863)

Disposition
Jun 6 2002	Opinion: Reversed

Dockets
Sep 7 2001	Petition for review filed by counsel for resp Thomas G.
Sep 14 2001	Answer to petition for review filed by counsel for appellant (Kimberly H.)
Sep 18 2001	Received Court of Appeal record file jacket/loose briefs/accordian file
Sep 20 2001	Notice of substitution of counsel received Anthony E. Scarr in place of Tamara Wiggins Deputy County Counsel to represent Alameda County Social Services Agency.
Sep 24 2001	Request for Depublication (petition/rev. pending) by atty Alan Siraco
Sep 24 2001	Reply to answer to petition filed by counsel for Respondent (Thomas G.)
Oct 1 2001	Request for Depublication (petition/rev. pending) by counsel for Legal Services for Children, Inc. (non-party)
Oct 2 2001	Request for Depublication (another req. pending) non party Law Offices of Glen H. Schwartz
Nov 1 2001	Time extended to grant or deny review to and including December 6, 2001.
Nov 14 2001	Petition for Review Granted (civil case) Votes: George, CJ, Kennard, Baxter, Werdegar, Chin, Brown, Moreno, JJ.
Dec 3 2001	Counsel appointment order filed Frank H. Free is hereby appointed to represent appellant (Thomas G.). Appellant's brief on the merits shall be served and filed on or before thirty days from the date of this order.
Dec 3 2001	Counsel appointment order filed Francia Welker is hereby appointed to represent minor (Nicholas H.)
Dec 12 2001	Counsel appointment order filed Janet Saalfield is hereby appointed to represent appellant Kimberly H. Appellant's brief on the merits shall be served and filed on or before thirty (30) days from respondent's opening brief on the merits is filed.
Dec 21 2001	Request for extension of time filed counsel for petitioner (Thomas G.) requests extension to January 14, 2002, to file petitioner's opening brief on the merits.
Dec 26 2001	Extension of time granted Petitioner's time to serve and file the opening brief on the merits is extended to and including January 14, 2002.
Jan 11 2002	Opening brief on the merits filed by counsel for respondent (Thomas G.)
Jan 15 2002	Received: supplemental proof of service
Feb 1 2002	Request for extension of time filed Counsel for Respondent (Alameda County Social Services) requests extension to February 26, 2002, to file respondent's brief.
Feb 6 2002	Request for extension of time filed by counsel for appellant (Kimberly H.) requesting extension to March 4, 2002 to file the respondent's brief.
Feb 11 2002	Extension of time granted Respondent's (Alameda County Social Services Agency) time to serve and file the respondent's brief is extended to and including February 15, 2002.
Feb 14 2002	Application to file over-length brief filed counsel for appellant (Kimberly H.)
Feb 14 2002	Received: from counsel for appellant (Kimberly H.) over-sized brief on the merits.
Feb 14 2002	Association of attorneys filed for: appellant (Kimberly H.) by counsel J. Saalfield
Feb 14 2002	Extension of time granted Appellant's (Kimberly H.) time to serve and file the appellant's brief is extended to and including February 15, 2002.
Feb 15 2002	Opening brief on the merits filed by counsel for respondent (Alameda County Social Services Agency)
Feb 15 2002	Opening brief on the merits filed with permission by counsel for appellant ( Kimberly H.) ***ANSWER*** to Petitioner (Thomas G's.) Opening Brief under same cover.****
Feb 22 2002	Request for extension of time filed by counsel for (Minor) Nicholas H. requesting extension to March 18, 2002, to file brief.
Feb 25 2002	Extension of time granted counsel for (Minor) Nicholas H. time to serve and file brief is extended to and including March 18, 2002. ***NO FURTHER EXTENSIONS WILL BE GRANTED.***
Feb 27 2002	Request for extension of time filed by counsel for respondent (Thomas G.) requesting extension to March 12, 2002. to serve and file reply brief.
Mar 1 2002	Extension of time granted Petitioner's time to serve and file the reply brief on the merits is extended to and including March 12, 2002.
Mar 12 2002	Reply brief filed (case not yet fully briefed) by counsel for petitioner (Thomas G.) to brief of Kimberly H.
Mar 12 2002	Reply brief filed (case not yet fully briefed) by counsel for petitioner (Thomas G.) to brief of Alameda County Social Service Agency
Mar 18 2002	Filed: by counsel for (minor) (Nicholas H.) minor's brief.
Mar 25 2002	Application to file over-length brief filed and request to file reply brief by counsel for petitioner (Kimberly H.)
Mar 28 2002	Case ordered on calendar 5-6-02, 9am S.F.
Mar 29 2002	Request Denied Counsel for appellant (Kimberly H.) request to file reply to Thomas G's brief denied.
Apr 2 2002	Received: from counsel for Kimberly H. request to file reply to (minor's brief) (Nicholas H.) with Request for Judicial Notice to Psychological Evaluation of Nicholas H.
Apr 2 2002	Application to file over-length brief filed by counsel for Kimberly H.
Apr 5 2002	Request Denied Counsel for appellant (Kimberly H.) request to file a reply to (minor's) brief is hereby DENIED.
Apr 8 2002	Motion filed (in non-AA proceeding) Motion to take additional evidence, by counsel for minor Nicholas H.
Apr 8 2002	Received: from counsel for (Minor) response to Kimberly H.'s request for Judicial Notice
Apr 11 2002	Opposition filed by counsel for appellant (Kimberly H.) to (Motion to take Additional Evidence)
Apr 15 2002	Received application to file amicus curiae brief; with brief Northern California Assoc. of Counsel for Children (non-party)
Apr 17 2002	Received application to file amicus curiae brief; with brief Legal Services for Children, Inc (non-party)
Apr 18 2002	Amicus Curiae Brief filed by: Northern Calif. Assoc. of Counsel for Children (non-party) in support of minor Nicholas H. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Apr 23 2002	Amicus Curiae Brief filed by: Legal Services for Children Inc., in support of minor (Nicholas H.). An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Apr 25 2002	Supplemental brief filed by counsel for repondent (Thomas G.)
May 1 2002	Received: from counsel for (Kimberly H.) additional citation for oral argument.
May 1 2002	Order filed The motion to take additional evidence, filed on April 8, 2002, is denied.
May 1 2002	Compensation awarded counsel Atty Saalfield
May 1 2002	Compensation awarded counsel Atty Walker
May 3 2002	Response to amicus curiae brief filed by counsel for (Kimberly H.) to amicus brief of Northern Calif. Assoc. of Counsel for Children
May 6 2002	Cause argued and submitted
May 6 2002	Received: Supplemental proof of service showing service to No. Calif. Assoc. of Counsel for Children.
May 8 2002	Filed: by counsel for appellant (Kimberly H.) Motion that the submission be vacated to permit the filing of Response to Supplemental Brief and Amicus Brief of Legal Service for Children.
May 8 2002	Order filed The motion to vacate submission is denied, without prejudice to petitioner's filing no later than May 13, 2002, or responsive briefs to the briefs that were filed on April 23, 2002, and April 25,2002.
May 8 2002	Filed: by counsel for appellant (Kimberly H.) response to Thomas G.'s supplemental brief.
May 9 2002	Received: from counsel for (Kimberly H.) Errata Letter.
May 13 2002	Response to amicus curiae brief filed by counsel for (Kimberly H.) to amicus brief of Legal Services for Children and Joan Heifetz Hollinger
Jun 6 2002	Opinion filed: Judgment reversed and Remanded OPINION BY: BROWN, J. --- joined by George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, JJ.
Jun 19 2002	Rehearing petition filed by counsel for appellant (Kimberly H.)
Jun 20 2002	Time extended to consider modification or rehearing to and including September 4, 2002.
Jul 17 2002	Rehearing denied conditional. Brown, J., was absent and did not participate.
Jul 17 2002	Opinion modified - no change in judgment The opinion herein, filed on June 6, 2002, appearing at 28 Cal.4th 56, is modified as follows: The second sentence of the second paragraph of the opinion on page 58 is revised to read: While his presumed father is providing a loving home for him, his mother has not done so, and his biological father, whose identity has never been judicially determined, has shown no interest in doing so. This modification does not affect the judgment.
Jul 18 2002	Remittitur issued (civil case)
Jul 19 2002	Note: Records returned to CA1/2 (3 doghouses)
Aug 28 2002	Compensation awarded counsel Atty Welker
Nov 13 2002	Compensation awarded counsel Atty Saalfield
Jan 29 2003	Compensation awarded counsel Atty Free

Briefs
Jan 11 2002	Opening brief on the merits filed by counsel for respondent (Thomas G.)
Feb 15 2002	Opening brief on the merits filed by counsel for respondent (Alameda County Social Services Agency)
Feb 15 2002	Opening brief on the merits filed with permission by counsel for appellant ( Kimberly H.)
Mar 12 2002	Reply brief filed (case not yet fully briefed) by counsel for petitioner (Thomas G.) to brief of Kimberly H.
Mar 12 2002	Reply brief filed (case not yet fully briefed) by counsel for petitioner (Thomas G.) to brief of Alameda County Social Service Agency
Apr 18 2002	Amicus Curiae Brief filed by: Northern Calif. Assoc. of Counsel for Children (non-party) in support of minor Nicholas H. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Apr 23 2002	Amicus Curiae Brief filed by: Legal Services for Children Inc., in support of minor (Nicholas H.). An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
May 3 2002	Response to amicus curiae brief filed by counsel for (Kimberly H.) to amicus brief of Northern Calif. Assoc. of Counsel for Children
May 13 2002	Response to amicus curiae brief filed by counsel for (Kimberly H.) to amicus brief of Legal Services for Children and Joan Heifetz Hollinger

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