LISA S. v. Superior Court

Opinion

TURNER, P. J.

The mother, Lisa S., has filed a petition for writ of mandate pursuant to rule 39.1B of the California Rules of Court.

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However, the mother did not sign the notice of intent to file a writ petition. The department of children and family services has filed a motion to dismiss the writ petition. We set the matter for oral argument to allow the parties to

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address the issue. The parties waived oral argument and submitted on the written memoranda which addressed the dismissal motion. We find that no showing of good cause has been set forth as required by rule 39.1B(f) to permit the filing of a notice of intent to file a writ petition without the signature of the mother. Hence, we order dismissal of the petition.

The process pursuant to rule 39.IB to seek extraordinary relief from an order in accordance with Welfare and Institutions Code section 366.22

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setting a permanency planning hearing pursuant to section 366.26 begins with the filing of a “notice of intent to file a writ petition . . . .” (Rule 39.1B(f).) The pertinent language in rule 39.1B(f) is as follows: “(f) [Notice of intent to file writ petition and request for record; service; jurisdiction] To permit determination of the writ petition prior to the scheduled date for the hearing under section 366.26 of the Welfare and Institutions Code on the selection of the permanent plan, a notice of intent to file a writ petition and request for record shall be filed with the clerk of the juvenile court within 7 days of the date of the order setting a hearing under section 366.26, or if the order was made by a referee not sitting as a judge pro tern, within 7 days after the order of the referee becomes final under rule 1417(c). The notice of intent to file a writ petition shall be signed by the party intending to file a writ petition, or if to be filed on behalf of the child, by the attorney of record for the child. Upon a finding of good cause, based on a declaration by the attorney of record, the appellate court may waive the requirement of the party’s signature. The period for filing a notice of intent to file a writ petition and request for record shall be extended 5 days, if the party received notice of the order setting the hearing under section 366.26 of the Welfare and Institutions Code only by mail.” In the present case, the notice of intent to file writ petition was not signed by the mother, only by her counsel. In response to the dismissal motion and in an effort to justify the failure of the mother to sign the notice, her counsel submitted a declaration with this court which states in pertinent part: “I have discussed the filing of the petition for extraordinary writ, the subject of the respondent’s motion to dismiss, with my client on numerous occasions, and have filed the subject petition on her behalf and with her consent and authority.”