California Court of Appeal

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S.M. v. E.P., D055230

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In plaintiff's paternity and custody suit, (1) plaintiff's concession to the Iowa court's exercising jurisdiction over his paternity and custody dispute with the defendant renders moot his appeal from the trial court's minute order deferring jurisdiction over the custody dispute to an Iowa court; but (2) the trial court's restraining order is reversed because the court abused its discretion in issuing the restraining order against plaintiff because in issuing the order, the court misapplied the statutory requirements and misapprehended the legal effect of the order.

Appellate Information

  • Decided 05/25/2010
  • Published 05/25/2010

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  • California Court of Appeal

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