Modification: C.T. v. K.W.

C.T.,

Plaintiff and Respondent,

v.

K.W.,

Defendant and Appellant.

No. A161993

(City & County of San Francisco

Super. Ct. No. FCV-19-814465)

California Courts of Appeal

First Appellate District

Division Four

Filed December 13, 2021

ORDER MODIFYING OPINION

AND DENYING REHEARING AND

REQUEST FOR JUDICIAL NOTICE;

NO CHANGE IN JUDGMENT

Trial judge: Honorable Monica F. Wiley

Counsel for plaintiff and respondent:

SUCHERMAN • INSALACO LLP

Michelene Insalaco

Janet Simmonds

Counsel for defendant and appellant: K.W., in propria persona

THE COURT:

It is ordered that the opinion filed herein on November 15, 2021, be modified as follows:

1. On page 3, footnote 4, delete the second and third sentences, as well as the words "In any event" in the last sentence so that the footnote reads:

⁴ Around the same time, mother filed paternity actions in New York and Utah seeking child support from father. These proceedings are not relevant to the issue currently before the court.

2. On page 8, line 5, delete the third sentence of the paragraph and insert the following sentence:

It is undisputed that, to establish father's paternity, the San Francisco court relied on the Los Angeles court's prior determination of paternity (subsequently reflected in the Los Angeles court's judgment).

3. On page 10, line 4, at the end of the first paragraph after the words "such a requirement," add as footnote 11 the following footnote, which will require renumbering the subsequent footnote:

¹¹ We note that section 7605 authorizes attorney fees in this matter with respect to issues of custody and visitation only. While there may be overlap between these issues and the resolution of the allegations of mother's domestic violence, the court has discretion to properly allocate any fees awarded.

There is no change in the judgment.

Appellant's "Corrections to Opinion," filed November 23, 2021, is deemed a petition for rehearing and is hereby denied. Appellant's request for judicial notice filed December 10, 2021 is denied. Respondent's petition for rehearing is also denied.

Dated: December 13, 2021 POLLAK, P. J.