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In re A.S.

In re A.S.
09:22:2010



In re A
















In re A.S.

























Filed 9/14/10
In re A.S. CA2/5

























>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115 >.





IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
FIVE




>










In re A.S., a Person Coming
Under the Juvenile Court Law.


B223355

(Los Angeles
County

Super. Ct.
No. CK80763)






LOS ANGELES COUNTY DEPARTMENT
OF CHILDREN AND FAMILY SERVICES,



Plaintiff and Respondent,



v.



B.S.,



Defendant and Appellant.









APPEAL from
a judgment of the Superior Court
of Los Angeles
County, Stanley Genser, Juvenile Court Referee. Affirmed.

Daniel G.
Rooney, under appointment by the Court of Appeal, for Defendant and Appellant.

Andrea
Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel,
William D. Thetford, Principal Deputy County Counsel, for Plaintiff and
Respondent.

________________________________

B.S.
(father) appeals from the judgment of March
25, 2010, declaring his son, A.S., a dependent of the court under
Welfare and Institutions Code section 300. >[1] The dependency court found the child came
within the court's jurisdiction under both subdivision (a) and subdivision (b)
of section 300,[2] based on sustained allegations that the
parents have a history of engaging in abusive altercations in the child's
presence and on January 13, 2010,
father threw and broke the child's mother's cell phone.[3]

Father's
sole contention is that substantial
evidence does not support the jurisdictional finding under
section 300, subdivision (a). As
father does not challenge jurisdiction under section 300, subdivision (b), that
is based on the same domestic violence allegations, we need not consider
whether substantial evidence supports the finding under section 300,
subdivision (a). (In re Alexis E. (2009) 171 Cal.App.4th 438, 451 [â€




Description B.S. (father) appeals from the judgment of March 25, 2010, declaring his son, A.S., a dependent of the court under Welfare and Institutions Code section 300. The dependency court found the child came within the court's jurisdiction under both subdivision (a) and subdivision (b) of section 300, based on sustained allegations that the parents have a history of engaging in abusive altercations in the child's presence and on January 13, 2010, father threw and broke the child's mother's cell phone.
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