This case was last updated from California Courts of Appeal on 07/26/2022 at 00:51:20 (UTC).

M.S. et al. v. Superior Court for the County of Del Norte

Case Summary

On 01/18/2022 M S filed an Other lawsuit against Superior Court for the County of Del Norte. This case was filed in California Courts of Appeal, First Appellate District - Division 3 located in Statewide, California. The Judge overseeing this case is Cochran, Robert. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ***4365

  • Filing Date:

    01/18/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Statewide, California

Judge Details

Trial Court Judge

Cochran, Robert

 

Party Details

Petitioners and Interested Parties

S. F.

M. S.

Del Norte County Department of Health & Social Services

Respondent

Superior Court for the County of Del Norte

Attorney/Law Firm Details

Petitioner Attorneys

David O. Cooper

550 H Street, Suite 1S

Crescent City, CA 95531-8512

James Mitchell Fallman, Jr.

250 Leavitt Mall

Crescent City, CA 95531

Interested Party Attorneys

Martha Grebenik McQuarrie

384 G Street

Crescent City, CA 95531

Office of District Attorney

450 "H" Street #171

Crescent City, CA 95531

Office Of The County Counsel

981 "H" Street - Suite 220

Crescent City, CA 95531

 

Court Documents

A164365

Court of Appeal Opinion

 

Docket Entries

  • 05/10/2022
  • DocketDescription: Case complete.

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  • 05/10/2022
  • DocketDescription: Remittitur issued.

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  • 04/06/2022
  • DispositionDescription: Petition granted after order to show cause issued; Disposition Type: Final The January 10, 2022 order terminating reunification services and setting a hearing pursuant to section 366.26 is conditionally vacated. The juvenile court shall direct the Department (1) to show that it made an adequate inquiry into Father's reported Indian ancestry or (2) if it cannot make this showing, to investigate Father's claims of Indian ancestry in accordance with ICWA and provide any required notice to a tribe or the BIA. If a tribe intervenes after proper inquiry and notice, the court shall proceed in accordance with the provisions of ICWA. If the Department's investigation produces no additional information to substantiate Father's claim, or if no tribe intervenes after receiving notice, the order shall be reinstated. Except as set forth above, we deny on the merits the petitions of Mother and Father for extraordinary relief. ( 366.26, subd. (l)(1)(C); Cal. Rules of Court, rule 8.452(h).) This decision is final as to this court immediately. (Cal. Rules of Court, rule 8.490(b)(2)(A).); Publication Status: Signed Unpublished; Author: Tucher, Alison M.; Participants: Petrou, Ioana (Concur) Fujisaki, Carin T. (Concur)

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  • 04/06/2022
  • DocketDescription: Opinion filed.; Notes: (Signed Unpublished) The January 10, 2022 order terminating reunification services and setting a hearing pursuant to section 366.26 is conditionally vacated. The juvenile court shall direct the Department (1) to show that it made an adequate inquiry into Father's reported Indian ancestry or (2) if it cannot make this showing, to investigate Father's claims of Indian ancestry in accordance with ICWA and provide any required notice to a tribe or the BIA. If a tribe intervenes after proper inquiry and notice, the court shall proceed in accordance with the provisions of ICWA. If the Department's investigation produces no additional information to substantiate Father's claim, or if no tribe intervenes after receiving notice, the order shall be reinstated. Except as set forth above, we deny on the merits the petitions of Mother and Father for extraordinary relief. ( 366.26, subd. (l)(1)(C); Cal. Rules of Court, rule 8.452(h).) This decision is final as to this court immediately. (Cal. Rules of Court, rule 8.490(b)(2)(A).)

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  • 03/21/2022
  • DocketDescription: Argument waived by: (no response - 10 day notice)

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  • 03/17/2022
  • DocketDescription: Order filed.; Notes: BY THE COURT: Del Norte County Department of Health & Social Services' request for permission to file a late Opposition to Petition for Extraordinary Writ is GRANTED, and the opposition submitted and received on March 14, 2022, shall be filed as of the date of this order.

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  • 03/15/2022
  • DocketDescription: Application filed to:; Notes: Application for leave to file late brief; Declaration of Jacqueline Roberts, Deputy County Counsel in support

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  • 03/14/2022
  • DocketDescription: Opposition filed.; Notes: Opposition to Petition for Extraordinary Writ

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  • 02/10/2022
  • DocketDescription: Issued order to show cause.; Notes: ORDER TO SHOW CAUSE AND ORAL ARGUMENT NOTICE Respondent Superior Court is ordered to show cause why M.S. and S.F.?s petitions for an extraordinary writ filed in this case should not be granted. Any response to the petitions must be served and filed on or before March 11, 2022. (Cal. Rules of Court, rule 8.452(c)(2).) The response shall be deemed the return to this order to show cause. No further briefs shall be filed without further order of this court. A decision in this case will determine the merits of the petition. (See Cal. Const., art. IV, ? 14; Kowis v. Howard (1992) 3 Cal.4th 888.) The justices will have fully considered the record and the briefs and do not require oral argument. If any party wishes to request oral argument, such a request must be served and filed on or before March 18, 2022. Otherwise, oral argument will be deemed waived. If any party timely serves and files an oral argument request, oral argument on the petition will take place at 10:00 a.m. on March 30, 2022, before Division Three of this court by video through the BlueJeans videoconference system (and not in person). Counsel may appear by telephone if they are not able to appear by videoconference.

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  • 02/10/2022
  • DocketDescription: Juvenile writ petition filed.; Notes: father's

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  • 01/27/2022
  • DocketDescription: Filed proof of service.; Notes: of Petition for Extraordinary Writ

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  • 01/27/2022
  • DocketDescription: Juvenile writ petition filed.; Notes: Petition for Extraordinary Writ filed by attorney James Fallman for mother

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  • 01/24/2022
  • DocketDescription: Letter sent to:; Notes: all attorney's stating the following: " Any petition for extraordinary writ seeking review of the order setting a hearing under Welfare and Institutions Code section 366.26 must be served and filed on or before 5:00 p.m. on February 8, 2022."

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  • 01/24/2022
  • DocketDescription: Juvenile writ record filed.; Notes: Reporter's Transcripts filedVolumes 1 - 6

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  • 01/24/2022
  • DocketDescription: Clerk's transcript filed.; Notes: Volume 2 of 2; Pages 284-442 Confidential: May Not Be Examined Without A Court Order

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  • 01/24/2022
  • DocketDescription: Clerk's transcript filed.; Notes: Volume 1 of 2 Pages 1 to 283

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  • 01/18/2022
  • DocketDescription: Note:; Notes: W & I 366.26 Hearing is May 9, 2022

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  • 01/18/2022
  • DocketDescription: Received notice of intent.; Notes: from James Fallman, attorney for M. S., mother and from David Cooper, attorney for S. F., father

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  • 01/10/2022
  • DocketTrial Court Name: Del Norte County Superior Court; County: Del Norte; Trial Court Case Number: JVSQ216038; Trial Court Judge: Cochran, Robert

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