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Name: In re B.A.
Case #: B187208
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 08/09/2006
Summary

Following a jurisdiction and disposition hearing, the minors were declared dependents of the juvenile court. Father applied for a rehearing pursuant to Welfare and Institutions Code section 252. Twenty days after the applications were filed, the juvenile court denied them by signing a denial order on the face of each application. In one minor’s case, no minute order reflecting the judge’s order was entered. In the others, a minute order was prepared but was dated more than 20 days after the filing of the application. On appeal, father argued that the applications for rehearing were not denied timely. The appellate court rejected the argument and affirmed. Each application contained the judge’s signature on an order denying the rehearings dated on the 20th day. Therefore the denials were timely despite the clerk’s clerical error in failing to timely prepare the minute orders. Father was therefore not entitled to a rehearing by operation of law.