Guardianship of Diana B.

Caution
1994 Cal. App. LEXIS 1277·30 Cal. App. 4th 1766·36 Cal. Rptr. 2d 447·94 Daily Journal DAR 17949·94 Cal. Daily Op. Serv. 9676
Court of Appeal of CaliforniaDecember 21, 1994E013626California3,984 words

Opinion

Opinion

Ramirez, J.

Appellant Gloria B., mother of the minor children and objector in the court below, appeals from the trial court order granting the petition filed by petitioners Jose and Jennie R. (respondents herein) seeking to be appointed guardians of the minor children, Diana (also referred to in the record and in this opinion as Deana) and Brenda, born in 1980 and 1982, respectively. The sole issue on appeal is whether the trial court erred when it based the grant of the guardianship petition on findings supported by a preponderance of the evidence rather than by clear and convincing evidence. We find no error and we affirm.

Facts

The factual record in this appeal, including augmentation by both parties, consists primarily of the petition for temporary guardianship filed by the respondents in January 1992, with the attached 16-page declaration presenting the factual circumstances of the case from the respondents’ point of view; and 2 documents identified as closing argument and points and authorities filed in April 1993 by appellant, following 10 days of court trial, which reviewed the position taken by appellant in opposition to the respondents’ petition.

The facts, as alleged in…

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