San Deigo County Department of Social Services v. Blanca N.

WIENER, Acting P. J., Dissenting.

My disagreement with the majority is with their cursory rejection of In re Donald R. (1987) 195 Cal.App.3d 703 [240 Cal.Rptr. 821], I believe Donald R. sets forth a thoughtful and persuasive analysis of the same issue presented here and that it should be followed. I would also defer to Donald R. under the doctrine of stare decisis. (Interinsurance Exchange v. Campbell (1986) 187 Cal.App.3d 242, 243, 247 [232 Cal.Rptr. 27]; Kaus, Precedent is a Many Splendored Thing or Let Thirteen Flowers Bloom (Cal. Center for Jud. Ed. & Research J. (1986).) The rejection of…