Stogsdill v. Superior Court

WOOD (Parker), J. Petition for writ of prohibition. On July 27, 1954, the Superior Court of Los Angeles County appointed Lula P. Stogsdill guardian of the person and estate of Rebecca Rue Levy, a minor. Lula P. Stogsdill is a great-aunt of the minor. On November 17, 1954, Marian Arnold, maternal aunt of the minor, filed a petition for appointment of herself as guardian of the person and estate of the minor. On November 26, 1954, Marian Arnold filed a notice of motion to vacate the order wherein Lula P. Stogsdill had been appointed guardian, upon the grounds (1) the appointment was obtained without notice to another maternal aunt, (2) there were misrepresentations in the petition for appointment, and (3) Marian Arnold was induced not to seek guardianship of the minor by reason of misrepresentations made by the guardian.

The hearing upon said petition of Marian Arnold for appointment as guardian, and upon the motion to vacate the order appointing Lula P. Stogsdill as guardian, came before Judge Emme on January 12, 1955. The hearing proceeded on that day and thereafter until January 18, when the cause was submitted. On January 14, the court set aside the appointment of the guardian (Lula) “for the purpose of hearing the Petitions for appointment of Guardians [being the petition of Marian, and the petition of Lula under which she had previously been appointed].” During the hearing, January 17, William S. Stogsdill, (son of Lula) filed a petition for appointment of himself as guardian of the person and estate of the minor.

On January 19, the petitions of Lula P. Stogsdill and William S. Stogsdill were denied, and the petition of Marian Arnold was granted. Letters of guardianship were issued to her on January 19.

On January 20, the court amended its order of January 19, nunc pro tunc, by adding thereto an order that Lula P. Stogsdill, William S. Stogsdill and Marlou Stogsdill (wife of William) are ordered and directed to deliver the minor forthwith to the newly appointed guardian Marian Arnold, who is permitted to remove said child from the State of California; and Donald 0. Krag, counsel for Marian Arnold, is ordered to prepare findings.

On January 20, Lula P. Stogsdill, as guardian, filed a notice of appeal which stated that she appealed to the Supreme Court from the order of January 19 revoking her letters of guardianship and appointing Marian Arnold guardian and [80]ordering that the custody of the minor be given to Marian Arnold.