Quimbee logo
DMCA.com Protection Status

Elisa B. v. Superior Court

117 P.3d 660 (2005)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Elisa B. v. Superior Court

California Supreme Court

117 P.3d 660 (2005)

Facts

Elisa B. (defendant) and Emily B. were a lesbian couple who agreed to start a family together. Using the same anonymous sperm donor, each became pregnant. Elisa gave birth to a child in November 1997. Emily gave birth to twins in March 1998. One of the twins was born with Down’s syndrome and had serious health problems. Neither woman adopted the children of the other, nor did Emily and Elisa register themselves under California’s domestic partner law. They lived and held themselves out as a family of five, however. Both women breastfed all three children and gave them the same surname: a hyphenation of Elisa’s and Emily’s. Elisa named the three children as dependents on her tax returns. Because Elisa made more money than Emily, they agreed that Elisa would support the family financially while Emily stayed at home for a few years. In November 1999, Emily and Elisa split. Elisa initially provided financial support to Emily and the twins but eventually stopped. Emily and the twins were forced to seek public assistance. The District Attorney of El Dorado County brought a lawsuit in the Superior Court (plaintiff) against Elisa for the payment of child support. The Superior Court ruled that Elisa was liable under the principle of equitable estoppel. The Court of Appeals reversed on the grounds that Elisa was not responsible under California’s version of the Uniform Parentage Act (UPA). The California Supreme Court agreed to review the decision.

Rule of Law

Issue

Holding and Reasoning (Moreno, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 604,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 604,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 604,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership