guardianship hearing (California) · Go Syfert
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guardianship hearing in California

10 California opinions name it 1 courts 1947–2025 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Bernstein v. Consolidated American Insurance Co.green
calctapp · 1995 · cited in 2 California opinions naming this issue, 1997–1997
2 sentences

1997Co. (1995) 37 Cal.App.4th 763, 774 [ 43 Cal.Rptr.2d 817 ].) Appellant also contends the court abused its discretion when it failed to provide appellant with a section 388 hearing concerning her request for a new guardianship hearing.

1997Co. (1995) 37 Cal.App.4th 763, 774 [ 43 Cal.Rptr.2d 817 ].) Appellant also contends the court abused its discretion when it failed to provide appellant with a section 388 hearing concerning her request for a new guardianship hearing.

22
Guardianship of Waitegreen
cal · 1939 · cited in 1 California opinions naming this issue, 2006–2006
1 sentence

2006The court stated: "It is difficult to conceive of a situation in which a party has a greater right to, or need for, his own testimony than in the type of proceeding considered here." ( Waite, supra, 14 Cal.2d at p. 730, 97 P.2d 238 .) The instant case, however, does not involve a guardianship hearing in which the sole objective is to protect the appellant.

11
In Re Amanda B.green
calctapp · 1992 · cited in 1 California opinions naming this issue, 1992–1992
1 sentence

1992These circumstances do not excuse or justify appellant's present untimely attempt to review the prior order again, by way of a writ petition considered in conjunction with the appeal of the subsequent guardianship hearing. ( In re Amanda B., supra, 3 Cal. App.4th at p. 941.) *804 APPEAL OF GUARDIANSHIP At the hearing on the petition for guardianship, the issues were whether guardianship, as distinguished from long-term foster care, should be approved, and whether the juvenile court should retain its dependency jurisdiction.

11
Loveland v. Boglioliogreen
cal · 1912 · cited in 1 California opinions naming this issue, 1947–1947
2 sentences

1947(Estate of Loveland, 162 Cal. 595, 599 [ 123 P. 801 ].) This rule, of course, would not admit the testimony taken at the guardianship hearing, but, except for the small amount of testimony heretofore quoted, used in attempted impeachment without objection, none of the testimony was admitted.

1947(Estate of Loveland, 162 Cal. 595, 599 [ 123 P. 801 ].) This rule, of course, would not admit the testimony taken at the guardianship hearing, but, except for the small amount of testimony heretofore quoted, used in attempted impeachment without objection, none of the testimony was admitted.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Guardianship of Case green
calctapp · 1943
2 sentences

1998Because Don could not have won even if the trial court had applied the right standard, we may leave that question unanswered. [4] At the time, the "no longer necessary" ground for termination of a guardianship was codified in Probate Code section 1580, subdivision (d). [5] In the same breath the court noted that the crime was "mala prohibita," but also was "an act involving moral turpitude," yet still was not conclusive proof of a "vicious character." ( Case, supra, 57 Cal.App.2d at p. 849 , 135 P.2d 681 .) From this description one gets the idea that the crime was some sort of sexual morals c

1998Because Don could not have won even if the trial court had applied the right standard, we may leave that question unanswered. [4] At the time, the "no longer necessary" ground for termination of a guardianship was codified in Probate Code section 1580, subdivision (d). [5] In the same breath the court noted that the crime was "mala prohibita," but also was "an act involving moral turpitude," yet still was not conclusive proof of a "vicious character." ( Case, supra, 57 Cal.App.2d at p. 849 , 135 P.2d 681 .) From this description one gets the idea that the crime was some sort of sexual morals c

21998–1998
Guardianship of Walters green
cal · 1951
1 sentence

2025(Walters, supra, 37 Cal.2d at p. 244 .) Walters, like Bergloff, did not address, and therefore is not instructive on, the question whether a second contribution motion materially identical to an earlier motion but for the inclusion of postjudgment interest may rely on the timeliness of the earlier motion.

12025–2025
Crocker First National Bank v. Waite neutral
cal · 1939
1 sentence

2006The court stated: "It is difficult to conceive of a situation in which a party has a greater right to, or need for, his own testimony than in the type of proceeding considered here." ( Waite, supra, 14 Cal.2d at p. 730, 97 P.2d 238 .) The instant case, however, does not involve a guardianship hearing in which the sole objective is to protect the appellant.

12006–2006
Roche v. Roche green
cal · 1944
2 sentences

1951The court relied on Guardianship of Mathews, supra. In the opinion in that case, at page 27, it is said: "It is well settled that, under the provisions of Section 1751 of the Code of Civil Procedure, the father or mother of a minor child under the age of fourteen years, if found by the court competent to discharge the duties of guardianship, is entitled to be appointed guardian in preference to any other person, and that the court must appoint a parent seeking to be appointed, unless it finds such parent incompetent, notwithstanding the judge is of the opinion that the child's health and welfa

1951The court relied on Guardianship of Mathews, supra. In the opinion in that case, at page 27, it is said: "It is well settled that, under the provisions of Section 1751 of the Code of Civil Procedure, the father or mother of a minor child under the age of fourteen years, if found by the court competent to discharge the duties of guardianship, is entitled to be appointed guardian in preference to any other person, and that the court must appoint a parent seeking to be appointed, unless it finds such parent incompetent, notwithstanding the judge is of the opinion that the child's health and welfa

11951–1951
Newby v. Newby green
calctapp · 1921
2 sentences

1951The court applied the rule that had been laid down in the earlier decisions in guardianship matters, including In re Campbell, supra, in which the courts had held that they were bound by the terms of section 1751, and Newby v. Newby, 55 Cal.App. 114 [ 202 P. 891 ], in which the guardianship rule was applied to custody cases.

1951The court applied the rule that had been laid down in the earlier decisions in guardianship matters, including In re Campbell, supra, in which the courts had held that they were bound by the terms of section 1751, and Newby v. Newby, 55 Cal.App. 114 [ 202 P. 891 ], in which the guardianship rule was applied to custody cases.

11951–1951
Guardianship of Cameron green
calctapp · 1944
2 sentences

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

11949–1949
In Re Wenman green
calctapp · 1917
2 sentences

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

11949–1949
Wright v. Alldredge neutral
calctapp · 1929
1 sentence

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

11949–1949
In Re Marshall green
calctapp · 1929
1 sentence

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

11949–1949
In Re Livingston green
calctapp · 1930
2 sentences

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

1949Appellant relies on In re Wenman, 33 Cal.App. 592 [ 165 P. 1024 ]; In re Marshall, 100 Cal.App. 284 [ 279 P. 834 ]; In re Livingston, 108 Cal.App. 716 [ 292 P. 285 ], and Guardianship of Cameron, 66 Cal.App.2d 884 [ 153 P.2d 385 ].

11949–1949

Where else courts name it

CA 10 (1947–2025) NJ 7 (2005–2025) OH 6 (2004–2017) OR 6 (1993–2026) IN 5 (1986–2025) NY 4 (2006–2013) IA 4 (1997–2025) WI 4 (2010–2025) IL 4 (1981–2013) AR 4 (1990–2016) WA 4 (1986–2015) MT 3 (2014–2023) TX 3 (2012–2018) ME 2 (2018–2019) NE 2 (2006–2009) WY 2 (2013–2022) MN 2 (1990–2014) FL 2 (2015–2016) SD 2 (1992–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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