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Name: Steven R. v. Superior Court
Case #: C077757
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/26/2015

Juvenile court lacked jurisdiction to dismiss Welfare and Institutions Code section 602 petition following the transfer of the case from another county for disposition. In San Francisco County Juvenile Court, Steven R. admitted a concealed weapon violation. The case was transferred to Sacramento for disposition because the minor was on probation for robbery in that county. The Sacramento County district attorney filed a notice of probation violation based on the San Francisco offense and moved to dismiss the petition in that case (Welf. & Inst. Code, § 782) to make the minor eligible for a DJF commitment based on the earlier sustained petition for robbery. (See Welf. & Inst. Code, § 707, subd. (b).) Over the minor’s objection, the Sacramento court dismissed the San Francisco petition. The minor filed a writ of mandate in the Court of Appeal, which the court considered after the California Supreme Court granted review of the court’s initial summary denial and transferred the matter back to the Court of Appeal. Held: Granted. Section 782 provides that a motion to dismiss a section 602 petition may be granted by “[a] judge of the juvenile court in which a petition is filed” when certain requirements are met. The statute plainly and unambiguously places the authority to dismiss a petition in the hands of the court that sustained it. Although Welfare and Institutions Code section 750 provides that the receiving court “shall take jurisdiction of the case,” the extent of jurisdiction is determined by California statutory and constitutional provisions, and section 782 limits the court’s power to dismiss a petition to petitions filed in that court. Moreover, it may be presumed that the Legislature was aware of section 750 when it enacted section 782 and the possibility that a case could be transferred from one county to another. The court distinguished In re Brandon H. (2002) 99 Cal.App.4th 1153.