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United States Court Cases

California Fourth Appellate District Division 2 Record

In re K.K. on Habeas Corpus

Parties and Attorneys

In re K.K. on Habeas Corpus
Case Number E075290
Party Attorney
K. G. : Petitioner
Jill Suzanne Smith
Attorney at Law
P. O. Box 712876
San Diego, CA 92171

San Bernardino County Children and Family Services : Respondent
Richard W. Van Frank
Office of the County Counsel
385 North Arrowhead Avenue, 4th Floor
San Bernardino, CA 92415-3070



Case Summary

Trial Court Case:
J266440 J266439
Court of Appeal Case:
E075290
Supreme Court Case:
S264422
Division:
Case Caption:
In re K.K. on Habeas Corpus
Case Type:
Filing Date:
07/02/2020
Completion Date:
09/02/2020


Docket (Register of Actions)

In re K.K. on Habeas Corpus
Case Number E075290
Date Description Notes
07/02/2020 Petition for a writ of habeas corpus filed. Seeking constructive filing of petitioner's notice of appeal consistent with In re Benoit.
08/19/2020 To court. Petition for writ of supersedeas in E075167 - blc
09/01/2020 To presiding justice for signature. proposed order
09/02/2020 Order denying petition filed. The petition for a writ of habeas corpus seeking constructive timely filing of the notice of appeal in E075167 is denied.
09/02/2020 Case complete.
09/14/2020 Service copy of petition for review received. by appellant
11/13/2020 Petition for review granted in Supreme Court. dtd Nov 10, 2020; S264422
Further action in this matter is deferred pending the consideration and disposition of In re A.R., S260928, or pending further order of the court.
12/31/2020 Received copy of Supreme Court filing. dtd Dec 30 , 2020; S264422to permit consideration of the ptn, the scheduled adoption hearing proceeding is stayed
01/15/2021 Received copy of Supreme Court filing. dtd Jan 15, 2020; S264422
Writ of supersedeas is granted; the scheduled adoption hearing proceeding is stayed
06/11/2021 Supreme Court order filed transferring case in. Dtd Jun 9, 2021; Matter is transferred to the Court of Appeal w/directions to vacate its decision and to reconsider the case in light of In re A.R. (2021) 11 Cal.5th 234. (S264422)
06/11/2021 To court. Supreme court order, habeas petition and order dismissing appeal in E075167.
06/22/2021 Stay order filed. Pursuant to the order filed by the California Supreme Court in S264422 on Jun 9, 2021, the denial order filed in this court on Sep 2, 2020 is vacated. The adoption proceedings remain stayed pending this court's determination of this writ petition and the appeal in E075167. Respondent CFS is directed to serve/file a response to the petition w/in 15 days. If an informal response is filed, petitioner may serve/file a reply w/in 15 days from filing the response.
06/29/2021 Informal response filed by: Respondent: San Bernardino County Children and Family Services
Attorney: Richard W. Van Frank
07/14/2021 Order on motion filed. The petition is granted, and the notice of appeal filed in the trial court on Jun 3, 2020, from the order terminating parental rights entered on Mar 2, 2020 (in E075167), is construed to have been timely filed. The record on appeal for E075167 was filed in this court on Jun 22, 2020.
07/14/2021 Case complete.


Briefs

In re K.K. on Habeas Corpus
Case Number E075290
Brief Due Date Date Filed Party and Attorney Notes
Informal response filed by: 06/29/2021 Respondent: San Bernardino County Children and Family Services
Attorney: Richard W. Van Frank



Future Scheduled Actions

In re K.K. on Habeas Corpus
Case Number E075290

No information found.



Disposition

In re K.K. on Habeas Corpus
Case Number E075290
Description:
Petition summarily denied by order
Date:
09/02/2020
Disposition Type:
Vacated
Publication Status:
Author:
Participants:
Case Citation:
none
Description:
Petition for review granted by the Supreme Court
Date:
11/13/2020
Disposition Type:
Vacated
Publication Status:
Author:
Participants:
Case Citation:
none
Description:
Petition summarily granted by order
Date:
07/14/2021
Disposition Type:
Final
Publication Status:
Author:
Participants:
Case Citation:
none


Trial Court

In re K.K. on Habeas Corpus
Case Number E075290
Trial Court Name:
San Bernardino County Superior Court
County:
San Bernardino
Trial Court Case Number:
J266439
Trial Court Judge:
Marshall, Christopher
Trial Court Judgment Date:
Trial Court Name:
San Bernardino County Superior Court
County:
San Bernardino
Trial Court Case Number:
J266440
Trial Court Judge:
Trial Court Judgment Date: