C.A. 2nd;
B278951

The Second Appellate District reversed a judgment. The court held that an action to establish a paternal relationship may be brought regardless of the putative father's prior death or the petitioner's lack of need for financial support.

In 2014, 69-year-old Susan Dent filed a petition to establish a parental relationship under Family Code §7630. She named as respondent the executor of her putative father's estate, who was later replaced by a special administrator. It is undisputed that Dent's putative father had died testate in 1985, and that final judgment on his estate was entered in 1993. The administrator moved to dismiss for lack of a justiciable controversy, arguing that Dent did “not stand to suffer any degree of injury” and sought to invoke the judicial process “for apparently personal reasons” only. In response, Dent acknowledged that she was not seeking any support or other financial relief, and sought a declaration of paternity for reasons other than financial ones.