Olivera

Darab N. v. Olivera

Good Law
242 Cal. Rptr. 3d 891·31 Cal. App. 5th 1134
Court of Appeal of CaliforniaFebruary 4, 2019B282972California4,213 words

Opinion

Lead Opinion

Chaney, J.

*1136 Maya Olivera (Maya) appeals from a trial court judgment, an order denying her request from relief from default under Code of Civil Procedure section 473, subdivision (b), two orders granting motions to quash subpoenas filed by Darab Cody N. (Cody), and an order denying her *1137 request under Family Code section 7605 that Cody pay her attorney fees. 1 Because we find no error in the trial court's orders, we affirm.

BACKGROUND

In August 2015, Maya gave birth to her and Cody's daughter, N.N. 2 When she was born, N. had heroin in her system, and the Los Angeles County Department of Children *894 and Family Services (DCFS) detained her.

The DCFS proceeding was eventually dismissed. But in October 2016, Maya relapsed and checked into a rehabilitation and detox center. Maya completed her treatment on October 28, 2016, but was smoking heroin in N.'s presence the next day.

Cody filed a petition to establish parental relationship on November 16, 2016, requesting sole legal and physical custody of N. The petition requested that Maya have monitored visitation and that she submit to drug and alcohol testing. Cody requested that the trial court enter orders on an ex parte basis; Maya…

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