California Court of Appeal

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Burnham v. California Public Employees' Ret. Sys., C067715

Trial court's denial of petitioner's application for her deceased partner's state pension survivor benefits, is affirmed, as presenting a declaration of domestic partnership for filing with the Secretary of State is a necessary prerequisite for a valid domestic partnership, and at the time of presentation, both individuals to the partnership must be capable of consenting. Here, because petitioner's partner was deceased when she presented the declaration of domestic partnership for filing with the Secretary of State, petitioner and her partner never became domestic partners.

Appellate Information

  • Decided 08/31/2012
  • Published 08/31/2012

Judges

  • Robie

Court

  • California Court of Appeal

Counsel