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Guardianship of D.K., A Minor. v. Pamela K

May 30, 2012

GUARDIANSHIP OF D.K., A MINOR. MADALINE S., PETITIONER AND APPELLANT,
v.
PAMELA K., OBJECTOR AND RESPONDENT.



(Super. Ct. No. 39201000240035PRGPSTA)

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

Guardianship of D.K. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Madaline S. appeals from the denial of a guardianship petition that she brought with her husband, Ron. The petition sought guardianship of their nephew (the minor).

The appellate record does not contain a transcript of any proceeding in the trial court. Accordingly, this is known as a "judgment roll" appeal. In addition, appellant's opening brief does not assert any error by the trial court. Because on a judgment roll appeal every presumption is in favor of the judgment, and because appellant does not articulate any error, we will affirm the judgment.

BACKGROUND

Madaline and Ron filed a petition for appointment of guardian of minor on April 26, 2010. Madaline is the minor's maternal aunt. The petition is not part of the appellate record.

The trial court ordered preparation of a report pursuant to Probate Code section 1513, subdivision (c).*fn1 The parties were referred to mediation, a visitation plan was ordered, and a paternity test established that Ron is not the minor's biological father.

The San Joaquin County Human Services Agency filed its report on July 27, 2010, indicating that Madaline was seeking guardianship of the minor because she believed the minor was at physical risk from the minor's mother or her boyfriend. Child Protective Services had received a separate referral regarding the family alleging physical abuse of the minor.

Madaline provided pictures of the minor with bruises on his arm and buttocks. The pictures were turned over to the social worker handling the physical abuse allegations. Madaline said the child screams and runs away when he is returned to mother, that mother keeps the minor in diapers even though he is toilet trained, and that the minor is always dirty when he comes to her house.

On August 23, 2010, following receipt of the section 1513 report, the trial court denied the guardianship petition and the case was closed.

Madaline filed another petition on November 23, 2010, again seeking to be named the minor's guardian. That petition is also not contained in the appellate record. The petition was ...


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