Legal Opinion

MANUEL C. v. Superior Court

California Court of Appeal

Decided January 26, 2010No. B220163PublishedCited by 3 opinions

1Opinion of the Court

Opinion

EPSTEIN, P. J.

—By petition for writ of mandate, father Manuel C. challenges the juvenile court’s denial of his peremptory challenge on the ground that it was untimely pursuant to Code of Civil Procedure section 170.6, subdivision (a)(2). We hold that once the juvenile court terminates jurisdiction over a dependent child, a subsequent case involving the same child and parent is a new matter for purposes of the time limits for filing a section 170.6 motion. For this reason, we grant the requested relief.

FACTUAL AND PROCEDURAL SUMMARY

In January 2009, a Welfare and Institutions Code…

2Cases cited3 opinions

  1. City of Hanford v. Superior CourtCalifornia Court of Appeal · 1989
  2. JONATHON M. v. Superior CourtCalifornia Court of Appeal · 2006
  3. Bravo v. Superior CourtCalifornia Court of Appeal · 2007

3Cited by3 opinions

  1. People v. Superior Court of Orange CountyCalifornia Court of Appeal · 2016
  2. People v. BraleyCalifornia Court of Appeal · 2020
  3. People v. Superior Court of Orange CountyCalifornia Court of Appeal · 2016

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