S.H.
S.H. v. M.M. (In re C.E.)
Opinion
Lead Opinion
Greenwood, J.
*1040 Appellant S.H. 1 appeals the trial court's order denying her petition to remove Respondents B.M. and M.M. 2 as guardians of her nephew, C.E., and to name her as C.E.'s guardian. Appellant raises five challenges to the order on appeal: the trial court erred when it failed to consolidate the guardianship action with the adoption proceeding; the judge assigned to the guardianship proceedings "sabotage[d]" her adoption petition and prejudged the petition for removal of the guardians; the assigned judge should have disqualified himself under Code of Civil Procedure section 170.1 ; the trial court misinterpreted Probate Code section 2650 ; and the trial court abused its discretion by denying the petition to remove Respondents as guardians. We agree the court erred in failing to consolidate the guardianship into the adoption proceeding, resulting in prejudice to Appellant. We reverse the order accordingly.
I. FACTUAL AND PROCEDURAL HISTORY
A. Initial Guardianship Petition
C.E., age three at the time of the relevant hearing, is the biological child of D.W. (Mother) and J.E. (Father). While Mother was alive, her family and friends were actively involved in C.E.'s life. Appellant…