Ruby M. v. Superior Court
Filed 8/4/06 Ruby M. v. Superior Court CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| RUBY M., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES ET AL., Real Parties in Interest. | No. B190988 and Related Appeal No. B190033 (Super. Ct. No. CK41406) (Albert Garcia, Judge) OPINION AND ORDER |
ORIGINAL PROCEEDINGS. Petition for Extraordinary Writ. Writ Granted. Related Appeal Dismissed.
Merrill Lee Toole, under appointment by the Court of Appeal, for Petitioner.
No appearance for Respondent.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and William D. Thetford, Deputy County Counsel, for Real Party in Interest Department of Children and Family Services.
Children's Law Center and Cameryn Schmidt for Real Party in Interest minor.
__________________________
The court has read and considered the submissions filed by petitioner and real parties in interest, including correspondence dated July 19, July 20, and July 25, 2006. The submissions reflect an agreement that petitioner is entitled to the relief requested in the petition for extraordinary writ (filed May 16, 2006), i.e., a hearing before the juvenile court pursuant to Welfare and Institutions Code section 366.26, subdivision (n)(1); that oral argument on the court's July 11, 2006 order to show cause is waived; and that the related appeal (No. B190033) should be dismissed.
The court finds good cause to (1) consolidate the petition for extraordinary writ (B190988) and related appeal (B190033); (2) vacate oral argument scheduled for August 11, 2006 in the petition (No. B190988) and deem the cause submitted pursuant to California Rules of Court, rule 38.3(h)(2); (3) grant the petition for extraordinary writ; and (4) dismiss the appeal pursuant to rule 20(c)(2) and Welfare and Institutions Code section 366.28.
DISPOSITION
On its own motion the court consolidates the petition for extraordinary writ (B190988) and the related appeal (B190033). The appeal is dismissed.
Oral argument in petition No. B190988, scheduled for August 11, 2006, is hereby vacated and the cause is submitted.
Let a peremptory writ of mandate issue directing respondent superior court to vacate its order of March 17, 2006, denying petitioner's request for hearing and to order a hearing pursuant to Welfare and Institutions Code section 366.26.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WILLHITE, J.
We concur:
EPSTEIN, P.J.
MANELLA, J.
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