Guadalupe A. v. Superior Court

In Guadalupe A. v. Superior Court (1991) 234 Cal.App.3d 100, the juvenile court refused to allow Guadalupe's counsel to present evidence before ruling on the parent's motion to dismiss under section 350, subdivision (c), which, at the time, did not contemplate the consideration of any evidence other than that produced by the petitioning child welfare agency. The Court of Appeal reversed, concluding "the literal application of section 350, subdivision (c) ... was inconsistent with the mandate to fully protect the interests of the minor." (Guadalupe A., supra, 234 Cal.App.3d at p. 107.) "For this reason we conclude that section 350, subdivision (c) should be interpreted as permitting pertinent evidence offered by another party to be presented before the motion is ruled on." (Guadalupe A., at p. 107.)