Motion to Dismiss First Amended Petition is Denied

THE COURT HAVING TAKEN THE MATTER UNDER SUBMISSION ON 8/20/09 NOW RULES:

Motion to Dismiss First Amended Petition is Denied. Probate Code Section 1510(a) permits “a relative or other person on behalf of minor” to file a Petition for Appointment of Guardian. There is no statutory requirement such a petitioner must be an “interested person” or enjoy any type of relationship with the minor or minors named in the petition. As the paramount concern in guardianships is the best interests of children, the legislature has not restricted the class of individuals who may petition seeking to protect those interests. In issuing this ruling the Court does not evaluate the underlying merits of the petition.

Any determination will occur as part of the orderly procedural process accorded all guardianship petitions.

As provided by Probate Code Section 1513(a) the Court now invites the Department of Social Services to conduct an investigation and file with the court a report and recommendation concerning the proposed guardianship of the estates of the named minors. Such report is to be filed with the court on or before October 29, 2009.

The August 31, 2009 hearing date currently scheduled on this matter is continued to be heard at 1: 30 pm in Department L73 on October 29, 2009.

Moving Party to give notice.