LISA S. v. Superior Court

The mother, Lisa S., has filed a petition for writ of mandate pursuant to rule 39.1B of the California Rules of Court. However, the mother did not sign the notice of intent to file a writ petition. The department of children and family services has filed a motion to dismiss the writ petition. We set the matter for oral argument to allow the parties to address the issue. The parties waived oral argument and submitted on the written memoranda which addressed the dismissal motion. We find that no showing of good cause has been set forth as required by rule 39.1B(f) to permit the filing of a notice of intent to file a writ petition without the signature of the mother. Hence, we order dismissal of the petition.

The process pursuant to rule 39.IB to seek extraordinary relief from an order in accordance with Welfare and Institutions Code section 366.22 setting a permanency planning hearing pursuant to section 366.26 begins with the filing of a “notice of intent to file a writ petition . . . .” (Rule 39.1B(f).) The pertinent language in rule 39.1B(f) is as follows: “(f) [Notice of intent to file writ petition and request for record; service; jurisdiction] To permit determination…