Jetmore Stoddard-Nunez et al v. City Of Hayward et al
Filing
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ORDER Requiring Supplemental Briefing on 100 Defendants' MOTION for Summary Judgment. Supplemental briefs due by September 5, 2017. Signed by Judge Kandis A. Westmore on 8/29/2017. (kawlc2, COURT STAFF) (Filed on 8/29/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JESSIE LEE JETMORE STODDARDNUNEZ,
Plaintiff,
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v.
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Case No. 13-cv-04490-KAW
ORDER REQUIRING SUPPLEMENTAL
BRIEFING ON DEFENDANTS'
MOTION FOR SUMMARY JUDGMENT
CITY OF HAYWARD, et al.,
United States District Court
Northern District of California
Defendants.
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Defendants have filed a motion for summary judgment in this case. Having reviewed the
parties' briefing, the Court requires supplemental briefing on the following issues:
1. Was a judicial declaration terminating Mr. Jeffrey Stoddard's parental rights over
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Shawn Joseph Jetmore Stoddard-Nunez ever obtained? Were proceedings to terminate
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parental rights ever initiated, pursuant to California Family Code §§ 7800 et seq.?
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2. California Family Code § 7803 states that a judicial declaration of freedom from
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parental custody and control terminates all parental rights and responsibilities with
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regard to that child. If no judicial declaration was made, how can the Court in the
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instant case find that Mr. Stoddard's parental rights were terminated? The parties
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should be prepared to discuss any authority in support of their positions, as well as In
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re Marriage of Dunmore, 83 Cal. App. 4th 1 (2000) (upholding trial court's finding that
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a father was still required to pay child support because there was no finding under §
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7803 that parental rights had been terminated, despite prior adoption proceedings
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finding that the father had abandoned the child under § 8604) and County of Ventura v.
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Gonzales, 88 Cal. App. 4th 1120 (2001) ("The parent-child relationship and its
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attendant duty of support do not end when a child is declared a dependent of the
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juvenile court and removed from the parents' custody").
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3. Is there any case where no proceedings under the California Family Code §§ 7800 et
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seq. were instituted and no judicial declaration of abandonment had been made, yet a
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court still found that parental rights were terminated under § 7822?
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The supplemental briefs shall be no more than five pages, and must be filed by September
5, 2017 at 5:00 p.m.
IT IS SO ORDERED.
Dated: August 29, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge
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United States District Court
Northern District of California
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