In Re Daniel K.

Daniel K. v. Maureen K.

Good Law
1998 Cal. App. LEXIS 124·61 Cal. App. 4th 661·71 Cal. Rptr. 2d 764·98 Daily Journal DAR 1619·98 Cal. Daily Op. Serv. 1196
Court of Appeal of CaliforniaFebruary 18, 1998A076432California3,932 words

Opinion

Opinion

Parrilli, J.

Maureen K. (mother) appeals from a juvenile court order denying her Welfare and Institutions Code section 388 petition to modify a juvenile guardianship order pertaining to her son, Daniel K. She challenges this order on the ground the juvenile court failed to hold an evidentiary hearing on her modification petition. A juvenile court must hold a full hearing on a section 388 petition only if the petition establishes a prima facie case for modification. (In re Marilyn H. (1993) 5 Cal.4th 295, 309-310 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ].) Here, the petition failed to establish a prima facie case, and in the unpublished portion of this opinion, we affirm the order summarily denying the petition. In addition, mother contends the trial court erred when it denied her request for “continuing discovery.” In the published portion of this opinion, we dismiss the purported appeal from this order on the ground it is untimely.

I

Facts

The juvenile court first obtained dependency jurisdiction over eight-year-old Daniel on November 4, 1993, on the ground he was suffering severe emotional harm at the hands of his mother. (§ 300, subd. (c).) During the next two years — before the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.