GEORGE P. v. Superior Court

Opinion

PERREN, J.

Petitioner George P. (petitioner), a member of the National Guard, was sent to Iraq during the pendency of a juvenile dependency case regarding custody of his son. The juvenile court granted a 90-day stay of the case under the Servicemembers Civil Relief Act (SCRA) (50 U.S.C. Appen. §§501-596), but denied petitioner’s request for an additional stay. Here, we conclude that the granting of an additional stay under the SCRA is discretionary, and may be denied by the court if the servicemember’s ability to appear and participate in a civil action is not adversely affected by his…