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Name: Jennifer T. v. Superior Court
Case #: B197412
Opinion Date: 01/24/2008
Court: CA Court of Appeal
District 2 DCA
Division: 3
Citation: 159 Cal.App.4th 254

Proper remedy for trial court’s failure to advise mother of writ requirements was to deem her purported appeal to be a petition for writ of mandate. Disagreeing with In re Merrick V., the court held that the failure to advise a party of the writ requirements cannot confer a right to appeal as a remedy. Instead, the proper approach is to allow the party to obtain direct review of the order setting a section 366.26 hearing by way of an ordinary petition for writ of mandate, without regard to the shortened period for writ review that would otherwise be applicable. Here, due to the juvenile court’s failure to advise mother of her writ rights, the appellate court construed mother’s appeal from the order terminating services and setting a 366.26 hearing as a petition for writ of mandate.