In re K.B. CA2/3

Filed 9/24/20 In re K.B. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

In re K.B., a Person Coming B300633 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. AND FAMILY SERVICES, 19LJJP00257A)

Plaintiff and Respondent,

v.

DANIEL M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Steven E. Ipson, Judge Pro Tempore. Affirmed. Jacques Alexander Love, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, and Kim Nemoy, Assistant County Counsel, for Plaintiff and Respondent.

Daniel M. appeals from the juvenile court’s order and finding that he is not the presumed father of K.B. Daniel M. asserts the juvenile court’s finding was not supported by substantial evidence, considering he received K.B. into his home, held her out as his child, and provided her care and necessities. We disagree and affirm. BACKGROUND The family consists of Daniel M., mother, two-year-old K.B., and one-year-old A.M.1 Daniel M. is K.B. and A.M.’s biological father. He stated that he lived with mother and K.B. for three months from the time of K.B.’s birth in May 2018. However, in June 2018, Daniel M. was arrested for grand theft auto and released from custody in December 2018. Three months after his release, Daniel M. was arrested for spousal abuse after he punched mother in the back and stomach while she was pregnant with A.M. Daniel M. was sentenced to 730 days in custody with a projected release date of March 2020.2