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5030 REVIEW DENIED. In a wrongful death case, the presumed father of the deceased is entitled to the damages even though, after testing, it is determined that he is not the biological father; a presumption of paternity that arises because of marriage to the mother can only be rebutted by the mother, the child, another presumed father or an adoption agency; the half-sister of the deceased does not have standing to rebut the presumption.
CitationSCOTT v THOMPSON (Presumed Father) 184 CA4 1506 REV DENIED [See CCP §377.60; Family Code §7611(a) and (d); Family Code §7630(a); In re Estate of Jotham, 722 NW2 2447 (raising same issue under Minn law)]
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