Beasley v. Wells Fargo Bank

Tonya R., the mother of two-year-old Michael R., challenges certain juvenile court orders arising from Michaels ongoing dependency proceeding in two separate appeals, D014350 and D013953, and a petition for writ of mandate, D014385. Although we conclude two of Tonyas arguments are now moot, we decide the court prejudicially erred by failing to exercise its discretion when it denied Tonyas Welfare and Institutions Code section 352 motion to continue the selection and implementation hearing under section 366.26. (See Cynthia D. v. Superior Court (1992) 3 Cal. App. 4th 913 [4 Cal. Rptr. 2d 909] review granted Apr. 23, 1992 (S025807).) We therefore reverse the judgment in Tonyas appeal from the section 366.26 hearing (D014350), but deny her petition for writ of mandate D014385 and dismiss her appeal (D013953) as moot.