TRACY A. v. Superior Court

Petitioner Tracy A. (mother) is involved in a guardianship proceeding concerning her daughter, which was initiated by mother’s parents (real parties in interest). Mother contends respondent superior court violated her right to due process when it refused to provide her attorney with a copy of an investigation report and recommendation concerning the proposed guardianship, which was prepared by a court investigator pursuant to Probate Code section 1513. Mother asks this court to issue a peremptory writ of mandate directing the superior court to give her or her attorney a copy of the investigation report and recommendation and any other report the superior court has or will consider in ruling on the guardianship proceeding. We issue the writ based on our conclusion the current probate court policy denying parties or their counsel copies of these reports rests on an erroneous interpretation of Probate Code section 1513, subdivision (d).

FACTS AND PROCEEDINGS BELOW

In My 2003, mother’s parents filed a petition to be appointed the temporary guardians of mother’s daughter. At an ex parte hearing a few days later, the superior court granted the petition and issued letters of…