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Guardianship of S.M., A Minor. C.L v. S.S

December 7, 2011

GUARDIANSHIP OF S.M., A MINOR. C.L., PETITIONER AND RESPONDENT,
v.
S.S., OBJECTOR AND APPELLANT.



(Super. Ct. No. PR74683)

The opinion of the court was delivered by: Hoch, J.

Guardianship of S.M.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

S.S., mother of minor S.M., appeals from the superior court's order granting the petition for appointment of guardian of the minor filed by C.L., the minor's maternal grandmother. (Prob. Code, § 1514.) Mother contends the court denied her due process because (1) she was not given proper notice of the hearing, (2) the court failed to take oral or documentary evidence in making its order, and (3) she was denied her right to a court trial. Because the record shows that mother was not provided an opportunity to offer evidence at the hearing, we reverse and remand for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

The record provided to us in this case consists of a clerk's transcript and the parties' agreed statement on appeal (Agreed Statement). (Cal. Rules of Court, rule 8.134.)*fn1 There is no reporter's transcript.*fn2 The limited record establishes the following:

C.L. filed a petition for appointment of temporary guardian of the minor in February 2004. At some point thereafter, the court appointed C.L. as the minor's temporary guardian effective "until the next court hearing" scheduled June 18, 2004, and ordered supervised visitation between mother and the minor at the guardian's home. Letters of temporary guardianship issued.

At the June 18, 2004, hearing, the court scheduled the matter for trial on September 24, 2004, and entered other orders regarding visitation and non-residential drug counseling for mother.

For the next several years, the court repeatedly continued the trial date and ordered that the temporary guardianship remain in effect, extending the letters of temporary guardianship to coincide with impending review dates.

On August 3, 2009, with all parties present, the court continued the existing visitation schedule and set the matter for review on September 21, 2009, the date the letters of temporary guardianship were set to expire.

All parties were present at the September 21, 2009, hearing. The minute order reflects that the court considered issues raised by minor's counsel regarding visitation and, "[o]ver the objection of [counsel for mother]," appointed C.L. as guardian of the ...


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