Opinion
S276196
11-09-2022
GONZALEZ, JR., (MICAHEL I) v. GERLACH (ERIK)
D079497 Fourth Appellate District, Div. 1.
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division One
Respondent's request for judicial notice is granted.
The petition for review is granted. The matter is transferred to the Court of Appeal, Fourth Appellate District, Division One, with directions to consider granting petitioner an additional extension of time to file his opening brief on appeal in light of the Probate Court's August 19, 2022 order appointing the Public Guardian as successor trustee of the Erik Andrew Gerlach Special Needs Trust and authorizing the successor trustee to “proceed as appropriate with respect to the request of Erik Gerlach to locate and retain counsel for him.” (Cal. Rules of Court, rule 8.528(d).) This order is without prejudice to petitioner to renew his request for appointment of counsel should he be unable to obtain counsel for himself. Any renewed request should specifically address whether petitioner is indigent and why he believes appointment of counsel is necessary to preserve his right of access to the courts.
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Guerrero, JJ.