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August 25-29, 2008

Table of Contents

FAMILY LAW CASES

• Sheri T. v. Superior Ct. of Orange County
• David L. v. Superior Ct. of Orange County

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California Appellate Districts, August 27, 2008
Sheri T. v. Superior Ct. of Orange County, No. G040245
Petition seeking extraordinary relief from juvenile court order setting new permanent plan selection hearing is denied where: 1) order setting a new permanent plan selection hearing was correct; 2) when circumstances have changed, the court should hold a permanent plan selection hearing unless the mother proves there is a compelling reason not to do so; and 3) the mother cannot show prejudice from the juvenile court's decision to hold a new permanent plan selection hearing and she will have an opportunity to fully litigate the issues at that time. Read more...

California Appellate Districts, August 27, 2008
David L. v. Superior Ct. of Orange County, No. G040284
Regarding juvenile court order setting a new permanent plan selection and implementation hearing, petition for writ of mandate and request for stay are denied where: 1) section 366.3, which provides for a new 366.26 hearing for children under the guardianship, does not require a modification petition; and 2) the prima facie evidence supported the juvenile court’s decision to set a 366.26 hearing. Read more...


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