Brick

Brick v. Zissler

Good Law
162 Cal. App. 2d 648·1958 Cal. App. LEXIS 1920·328 P.2d 455
Court of Appeal of CaliforniaAugust 8, 1958Civ. No. 17943California464 words

Opinion

Lead Opinion

Draper, J.

This is a petition to terminate guardianship of the person of a minor. Joyce was born in 1946. Her parents were divorced in 1949, and custody of Joyce was awarded to her mother. In 1955 Mr. and Mrs. Zissler were appointed guardians, the mother consenting. Thirteen months later the mother filed this petition to terminate guardianship. (Prob. Code, § 1580, subd. (8).) The guardians opposed the petition and after hearing it was denied. Petitioner appeals.

Before trial, the probation officer had, pursuant to order, investigated and prepared a report. (Welf. & Inst. Code, § 638.1.) At opening of the trial, both parties announced that they were offering that report in evidence. The court then said:

Appellant contends that this statement shows that the trial court had prejudged the case, thus depriving her of a fair trial. Neither the statement nor the conduct of the remainder of the hearing support this claim. The court, having read a report covering the claims and many of the facts on both sides of the controversy, quite properly stated its evaluation of the report for the benefit of counsel. This evaluation was tentative only. The court expressly called for further evidence, and…

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