In Re Joshua G.

Andrea R. St. Julian, under appointment by the Court of Appeal, San Diego, for Minors.

Certified for Partial Publication. [1]

HUFFMAN, J.

Marianne G. and Robert G. appeal the judgments terminating their parental rights to their children, Joshua G. and Jacob G., under Welfare and Institutions Code section 366.26. [2] Marianne asserts the court erred in denying her motion under Code of Civil Procedure section 128, subdivision (a)(8) to vacate the referral orders; erred by not advising her of the possible consequences of waiving her right to a trial; and abused its discretion when it denied her request to continue the section 366.26 hearing. She also asserts insufficient evidence supported the finding of adoptability and the finding that the section 366.26, subdivision (c)(1)(A) beneficial relationship exception does not apply.

Robert asserts the judgments should be reversed because the Imperial County Department of Social Services (the Department) reneged on its agreement to recommend guardianship and was estopped from asserting the parents did not meet their burden to show an exception to adoption applied; extrinsic fraud or mistake denied the parents a fair adversary…