Opinion
F081179
06-25-2020
J.P., Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; KERN COUNTY DEPARTMENT OF HUMAN SERVICES et al., Real Parties in Interest.
Benjamin Ekenes, for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. JD137726-01)
OPINION
THE COURT ORIGINAL PROCEEDINGS; petition for writ of mandate. Benjamin Ekenes, for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest.
Before Detjen, Acting P.J., Snauffer, J., and DeSantos, J.
-ooOoo-
Petitioner seeks permission to file a notice of appeal rejected for filing by the Kern County Superior Court.
The superior court issued a disposition in a dependency action involving petitioner and his two children on February 26, 2020. The children filed a notice of appeal that same day; the matter is currently pending before this court in case No. F080843, and counsel was appointed to petitioner.
Petitioner's appointed counsel subsequently submitted a notice of appeal on petitioner's behalf from the same February 26, 2020, superior court disposition on May 18, 2020, but the superior court rejected the filing as untimely.
On March 23, 2020, and again on April 15, 2020, due to the impact of the COVID-19 pandemic and under authority of California Rules of Court 8.66, the Chief Justice of California authorized the Presiding Justice of this court to "extend the time in which to do any act required or permitted under the California Rules of Court" up to an additional 30 days. On March 23, 2020, and April 16, 2020, the Presiding Justice of this court issued orders implementing the Chief Justice's directive by ordering a 30-day extension of time applied to proceedings in which the deadline to act or permitted under the rules occurred between March 23, 2020, and May 18, 2020. An April 20, 2020, order from this court clarified that the 30-day extension applied "to all time periods specified by the California Rules of Court" except as to petitions for rehearing and requests for publication.
Further rule references are to the California Rules of Court. --------
Rule 8.406(a)(1), provides that "a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed." Without the recent emergency orders, petitioner's appeal from a February 26, 2020, disposition therefore would have been due April 27, 2020. However, because that date fell within the recent emergency extension period, petitioner was entitled to an additional 30 days to file a notice of appeal through May 27, 2020. Petitioner's attempt to file a notice of appeal on May 18, 2020, was therefore timely.
On May 27, 2020, this court provided the parties 10 days to oppose petitioner's request to refile or deem petitioner's appeal as timely; this court further advised that that a party's failure to respond would be treated as consent for this court to grant the requested relief without further proceedings. (People v. Romero (1994) 8 Cal.4th 728, 740, fn. 7; Palma v. U.S. Industrial Fasteners Inc. (1984) 36 Cal.3d 171, 180.)
Not having received any opposition to the petition, this court concludes petitioner is entitled to relief.
DISPOSITION
Petitioner is granted leave to cause a notice of appeal to be filed on or before 30 days from the date of this opinion in Kern County Superior Court action Nos. JD137726-01 and JD137727-01.
Let a writ of mandate issue directing the Clerk of the Superior Court for Kern County to file said request in its action Nos. JD137726-01 and JD137727-01, to treat it as timely filed, and to proceed with the preparation of the record on appeal in accordance with the applicable rules of the California Rules of Court if the clerk of that court receives said request on or before 30 days of the date of this opinion.
This opinion is final forthwith.