From Casetext: Smarter Legal Research

G.T. v. Madera Cnty. Dep't of Soc. Services/Child Welfare Servs.

California Court of Appeals, Fifth District
Jun 28, 2022
No. F082698 (Cal. Ct. App. Jun. 28, 2022)

Opinion

F082701

06-28-2022

G.T., Petitioner and Appellant, v. MADERA COUNTY DEPARTMENT OF SOCIAL SERVICES/CHILD WELFARE SERVICES et al., Respondents.

Munger Tolles & Olson, Jordan D. Segall and Lloyd S. Marshall; University of California at Irvine School of Law, Susan E. Seager and Jack Lerner for Petitioner and Appellant. Regina A. Garza, County Counsel, and Christopher B. Dorian, for Respondent Madera County Department of Social Services/Child Welfare Services. Beth A. Sears, under appointment of the Court of Appeal, for Respondent D.S.


NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Madera County. No. MJP018664 Thomas L. Bender, Judge.

Munger Tolles & Olson, Jordan D. Segall and Lloyd S. Marshall; University of California at Irvine School of Law, Susan E. Seager and Jack Lerner for Petitioner and Appellant.

Regina A. Garza, County Counsel, and Christopher B. Dorian, for Respondent Madera County Department of Social Services/Child Welfare Services.

Beth A. Sears, under appointment of the Court of Appeal, for Respondent D.S.

OPINION

MEEHAN, J.

In this proceeding, G.T. appeals from the juvenile court's order denying his petition to obtain the juvenile case file of D.S., a deceased child, under Welfare and Institutions Code section 827, subdivision (a)(2). G.T. argues the juvenile court erred in denying his petition because it: (1) failed to hold a hearing; (2) considered impermissible factors when deciding whether to release D.S.'s records; (3) found D.S. had no juvenile case file because a dependency petition had not been filed on her behalf; and (4) failed to make factual findings to support its denial of his request. G.T asks us to reverse the juvenile court's order and either order release of the D.S. case file or remand the matter to the juvenile court for it to review his petition under the proper standards.

After G.T. filed this appeal, he filed a petition for writ of mandate or prohibition, in which he made the same arguments as in this appeal and sought to compel the juvenile court to vacate its order denying his petition and either enter an order granting the petition or remand for a hearing under the proper standards. We recently issued an opinion in the writ proceeding, in which we granted the writ petition and ordered issuance of a peremptory writ of mandate directing the juvenile court to vacate its order denying the petition and hold a hearing on G.T.'s request for the disclosure of D.S.'s juvenile case file. (Therolf v. Superior Court (June 28, 2022, F082993) [nonpub. opn.].) Since we have granted the relief G.T. seeks in this appeal, there is no further relief we may grant. Therefore, we dismiss this appeal as moot.

DISPOSITION

The appeal is dismissed as moot.

Appellant's request for judicial notice, filed on July 12, 2021, is denied as moot. Respondent D.S.'s request for judicial notice, filed August 25, 2021, is denied as moot.

WE CONCUR: LEVY, Acting P. J., POOCHIGIAN, J.


Summaries of

G.T. v. Madera Cnty. Dep't of Soc. Services/Child Welfare Servs.

California Court of Appeals, Fifth District
Jun 28, 2022
No. F082698 (Cal. Ct. App. Jun. 28, 2022)
Case details for

G.T. v. Madera Cnty. Dep't of Soc. Services/Child Welfare Servs.

Case Details

Full title:G.T., Petitioner and Appellant, v. MADERA COUNTY DEPARTMENT OF SOCIAL…

Court:California Court of Appeals, Fifth District

Date published: Jun 28, 2022

Citations

No. F082698 (Cal. Ct. App. Jun. 28, 2022)