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In re Erin R.

In re Erin R.
06:29:2008



In re Erin R.



Filed 6/20/08 In re Erin R. CA1/1



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST APPELLATE DISTRICT



DIVISION ONE



In re ERIN R., a Person Coming Under the Juvenile Court Law.



SONOMA COUNTY HUMAN SERVICES DEPARTMENT,



Petitioner and Respondent,



v.



RICHARD R.,



Objector and Appellant.



A118993



(Sonoma County



Super. Ct. No. 1707-DEP)



ORDER MODIFYING OPINION AND DENYING REHEARING



[NO CHANGE IN JUDGMENT]



THE COURT:



It is ordered that the opinion filed herein on June 4, 2008, be modified as follows:



1. On page 15 of the opinion, at the end of the first full paragraph, insert as footnote 11, the following footnote, which will require renumbering of all subsequent footnotes:



11 In In re Lesly G. (2008) 162 Cal.App.4th 904, a Second District appellate panel ruled that the juvenile court erred when, after checking paragraph 13.a. on form JV-180, it declined to give the minors mother a hearing on her modification petition. In our view, In re Lesly G. is distinguishable because there was no question in that case that the mother had in fact met her prima facie burden under section 388 and that the court denied her a hearing even though it had correctly so found.



2. On page 17, footnote 12, in the citation to In re Lesly G. (2008) 162 Cal.App.4th 904, delete (2008) and insert , supra,.



Appellants petition for rehearing is denied.



There is no change in the judgment.



Dated:



________________________________



Margulies, Acting P.J.



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Description A modification decision.
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