Guardianship of J.C. CA5

INTRODUCTION

Respondent Linda B. was awarded guardianship over her minor granddaughter J.C. by the Tulare Superior Court over the objection of appellant John D. Appellant appealed. Appellant argues the grant of guardianship to respondent in the absence of a report by child welfare services requires automatic reversal. Further, he maintains that failure, coupled with the denial of his change of venue motion, deprived him of his due process right to a fair trial. Next, appellant contends the court judged his “conduct on an unfair standard,” violating his due process rights. He also contends the trial court abused its discretion by favoring a nonparent over a parent without evidence of detriment. Finally, appellant maintains substantial evidence does not support the court’s ruling. He asks us to set aside the letters of guardianship and to return the minor to his custody. In advance of opposing each of appellant’s arguments on appeal, respondent asserts the appeal is now moot and should be dismissed. Specifically, she contends the appeal is moot because a judgment regarding a stipulation regarding establishment of parental relationship filed in Ventura County finding appellant to be…