Opinion

Michael U. v. Jamie B.

  • 39 Cal. 3d 787
  • 218 Cal. Rptr. 39
  • 705 P.2d 362
  • 1985 Cal. LEXIS 336
Court
California Supreme Court
Filed
Sep 19, 1985
Status
Published
Author
Kaus
On the bench
Broussard, Kaus, Mosk, Reynoso
Cited by
89 cases
Authority
More cited than 4.8%

Superseded by statute, as recognized in In Re Zacharia D.

Later courts went against this

  • Superseded by statute, as recognized in In Re Zacharia D.

    39 Cal.3d 787, 792 , superseded by statute on other grounds as stated in In re Zacharia D. (1993) 6 Cal.4th 435, 448
    California Supreme CourtDec 6, 19936 citing opinionsby statuteother groundsRead it

The opinion

KAUS, J.

I concur. The lead opinion reaches what I believe to be the only result which comports with justice. Yet, after reading Justice Reynoso’s dissent, I cannot help having some misgivings that—given the “detriment” standard—the lead opinion comes close to impinging on the substantial evidence rule.

The more I think about it, the more certain I am that the trouble with this case is not so much the factfinding process, but this court’s unfortunate *797 misstep in In re Baby Girl M. (1984) 37 Cal.3d 65 [ 207 Cal.Rptr. 309 , 688 P.2d 918 ]. The sooner we rectify that mistake, the better. Applying the standard which ought to govern—“what disposition is in the best interests of the child?”—there can be no question that the lead opinion has reached the correct result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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