Justia California Court of Appeals Opinion Summaries

Plaintiffs appealed a probate court’s order denying Plaintiffs' Petition for Recovery of Property under Probate Code section 850 and sustaining objections thereto by Defendant; denying Plaintiff’s Petition for Letters of Administration; and granting Defendant’s Petition for Probate of Will.   At issue is whether a mediation settlement agreement (“MSA”) that Defendant and his now-deceased wife entered into after separation and in anticipation of the dissolution of their marriage is a “complete property settlement” within the meaning of section 145, which operates as a statutory waiver of certain of Defendant’s rights as a surviving spouse enumerated in section 141, including the right to inherit from his deceased wife and to be appointed as the personal representative of her estate.   The Second Appellate reversed the probate court’s order and held that the MSA did effect a waiver of Defendant’s rights of a surviving spouse enumerated in section 141. The court reasoned that based on its independent review of the MSA and the undisputed record evidence, the written MSA signed by Defendant and his wife, each with the advice of counsel, constituted a “complete property settlement” within the meaning of section 145. Further, the MSA is an enforceable waiver of his rights as a surviving spouse, as Defendant failed to point to any evidence he was not provided with “[a] fair and reasonable disclosure of the property or financial obligations” of his wife prior to signing the MSA, as required by section 143, subdivision (a). View "Welch v. Welch" on Justia Law

Defendant appealed after a court terminated her parental rights pertaining to three of her five children. On appeal, Defendant claimed that the Department of Children and Family Services ("DCFS") failed to comply with its duty under California law to inquire whether the children are Indian children within the meaning of the Indian Child Welfare Act.DCFA filed a motion to dismiss Defendant's appeal, claiming post-appeal evidence mooted Defendant's appeal.The Second Appellate District granted DCFS's motion to dismiss Defendant's appeal. The court found that although DCFS was not timely in interviewing Defendant's children's relatives, DCFS eventually did so, making any prior failure harmless. The court also held that DCFS is not required to interview a child's great-grandparents because they are not considered "Extended family members under 25 U.S.C. Sec. 1903(2). View "In re Allison B." on Justia Law

C.M., mother of four minors (mother), appealed juvenile court’s orders terminating parental rights and freeing the minors for adoption. Her sole contention on appeal was that the Placer County Department of Health and Human Services and juvenile court failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA). After review, the Court of Appeal agreed and remanded for the limited purpose of ensuring compliance with the ICWA. View "In re M.E." on Justia Law

C.O. (mother) appealed a court order terminating her parental rights to her daughter Z.O. The juvenile court appointed a guardian ad litem (GAL) for mother without providing grounds or explanation in the record, as it was required to do. The Court of Appeal agreed with mother that this error deprived her not only of the ability to participate at critical stages in the proceedings, but also the ability to effectively appeal and challenge the juvenile court’s reasoning for the appointment of the GAL (i.e., that mother lacked competence to understand the nature or consequences of the proceedings and to assist counsel regarding the underlying litigation). The Court concluded the trial court record did not give it "sufficient confidence" that the error was harmless beyond a reasonable doubt. And as a result, the Court reverse the termination and remanded for further proceedings. View "In re Z.O." on Justia Law

After declaring them dependents of the court, a California juvenile court removed M.V. and I.V. (together, Children) from the physical custody of their parents, J.V. (Father) and M.Z. (Mother), and placed them with a relative caregiver pending reunification efforts. Father, Mother, and the Children appealed those dispositional orders, arguing substantial evidence did not support the court’s findings, by clear and convincing evidence, that there was substantial danger to the Children if they were returned home and that there were no reasonable means to protect them without removing them from their parents’ custody. After review of the juvenile court record, the Court of Appeal agreed and reversed the dispositional orders as to both Father and Mother. View "In re M.V." on Justia Law

Brandy filed a probate petition seeking to be appointed the personal representative of her late husband’s (Scott) estate. The trial court denied her petition based on a premarital agreement that waived Brandy’s interests in her husband’s separate property. The court named his parents as co-administrators of the estate. The court of appeal held Brandy was entitled to introduce extrinsic evidence in support of her argument that she and her late husband mistakenly believed the premarital agreement would apply only in the event of divorce, rather than upon death. On remand, the trial court found that the mistake was a unilateral mistake on Brandy’s part and that she was not entitled to rescission. The court expressly found “there was insufficient evidence that Scott encouraged or fostered Brandy’s mistaken belief.”The court of appeal affirmed. Because Brandy failed to read the agreement and meet with her attorney to discuss it before signing it, she bore the risk of her mistake and is not entitled to rescission. View "Estate of Eskra" on Justia Law

In 2017, Joanne Slaieh filed a divorce action against her husband, Nabeel Slaieh. A few years later, while the action was still pending, Nabeel was arrested on allegations of stalking and making criminal threats against Joanne, resulting in the opening of a criminal case against him. When Nabeel subsequently sought to depose Joanne in the divorce action, Joanne objected, citing a victim’s right under California's Marsy’s Law to refuse being interviewed or deposed by the defendant. Nabeel responded by filing a motion to compel her deposition, arguing Marsy’s Law applied to criminal proceedings only. After a hearing on the issue, the trial judge agreed with Joanne and denied Nabeel’s motion to compel. Nabeel filed a petition for writ of mandate asking the Court of Appeal to vacate the trial judge’s order and conclude the right to refuse a deposition contained in article I, section 28, subdivision (b)(5) of the California Constitution did not apply to a civil action like a marriage dissolution proceeding. He argued the text of Marsy’s Law made clear its protections applied in criminal proceedings only. To this the Court of Appeal agreed and therefore granted the petition. View "Slaieh v. Super. Ct." on Justia Law

M.G. (Mother) appealed the termination of her parental rights to her 11-year-old daughter, A.R., and her 10-year-old son, C.R., and placing them in a permanent plan of adoption by their paternal grandparents. M.G. did not challenge the merits of the order; instead, she argued it had to be reversed because the Orange County Social Services Agency (SSA) failed to conduct an inquiry into whether the children had Native American ancestry, as required by the federal Indian Child Welfare Act (ICWA). The Court of Appeal found an ICWA inquiry should be conducted in every case. "The tribes have a compelling, legally protected interest in the inquiry itself. It is only by ensuring that the issue of Native American ancestry is addressed in every case that we can ensure the collective interests of the Native American tribes will be protected. Thus, the failure to conduct the inquiry in each case constitutes a miscarriage of justice." In the interest of limiting any further delay, the Court conditionally reversed and remanded the case with instructions that SSA conduct the inquiry immediately, and that the trial court likewise resolve the issue as soon as possible. If the initial inquiry revealed no Native American heritage, then the judgment would be reinstated forthwith. View "In re A.R." on Justia Law

Mother appealed the juvenile court’s jurisdiction and disposition orders pertaining to her children, citing the court’s findings that the Indian Child Welfare Act (ICWA; 25 U.S.C. 1901) did not apply to the dependency proceedings. She argued that evidence of her children’s Native American ancestry triggered the duty under state law (Welfare and Institutions Code section 224.2(e)) to further investigate whether her children come within the federal Act.The court of appeal vacated and remanded. The Department of Family and Children’s Services failed to comply with the statutory duty to further investigate whether the children are Indian children; the juvenile court’s negative ICWA findings were based on insufficient evidence. The social worker’s initial inquiry established a reason to believe the children are Indian children; both the mother and the maternal grandfather stated that “a maternal great grandfather may have Native American ancestry in Minnesota.” The court rejected an argument that further inquiry would be futile, and specifically that contacting the Bureau of Indian Affairs or the State Department of Social Services would be an idle act. View "In re I.F." on Justia Law

At birth, Appellants’ son tested positive for methadone and marijuana. Appellant A.S., the child’s mother, admitted to using marijuana days before giving birth. The juvenile court detained J.C. and placed him with Appellant J.C.’s mother.Based on Appellants’ criminal histories and substance abuse issues, the Los Angeles County Department of Children and Family Services (“the Department”), the couple’s son was declared a dependent of the court. At a 12-month hearing, appellants had not made substantial progress towards alleviating or mitigating the causes that led to their son’s placement. The court terminated Appellants’ parental rights. In doing so, the court relied on appellants’ statements that they had no known Indian ancestry.On appeal, appellants argued that the Department failed to conduct an adequate investigation into whether either parent was of Indian ancestry and that the trial court failed to ensure that the Indian Child Welfare Act (“ICWA”) applied. The court held that the Department did not fulfill its duty under the ICWA because it did not speak to extended family members who were available. Additionally, the trial court failed to ensure that the Department fulfilled its duties by neglecting to ask the Department what efforts it made to ensure the ICWA did not apply.The court conditionally affirmed the trial court’s order, remanding the case to the trial court to ensure that the Department conducts the necessary inquiries, including speaking with extended family members. View "In re J.C." on Justia Law