Velez v. Smith

Lena Velez (plaintiff) and Krista Smith (defendant) began a relationship in 1989 and filed declarations of domestic partnership with local city and county authorities in 1994 and 1996, publicly presenting themselves as domestic partners, purchasing property together, maintaining joint accounts, and with Smith listing Velez as a health-insurance dependent and tax dependent; however, neither ever filed a declaration of domestic partnership with the state of California as required by the Domestic Partner Act. In 2004, Velez petitioned to dissolve the domestic partnership, later amending her petition to request property division; Smith moved to strike the amended petition for lack of jurisdiction, and the trial court granted the motion, prompting Velez's appeal.