# Guardianship of Casad

> California Court of Appeal · August 16, 1951 · 106 Cal. App. 2d 134

URL: https://www.frixlaw.com/law-library/cases/9600882

## Case

- **Full name:** Guardianship of the Persons and Estates of BRENDA LEE CASAD Et Al., Minors. RALEIGH CASAD, Respondent, v. ELOISE WILSON, Appellant
- **Court:** California Court of Appeal
- **Decided:** August 16, 1951
- **Citations:** 106 Cal. App. 2d 134; 234 P.2d 647; 1951 Cal. App. LEXIS 1723
- **Precedential status:** Published
- **Opinion:** Concurrence by Van Dyke
- **Judges:** Deirup, Van Dyke, Adams
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9600882

## Opinion text

VAN DYKE, J.
I concur in the affirmance of the judgment. I do so upon the ground stated in the forepart of the opinion of Justice pro tern. Deirup, that the trial court’s finding appellant is unfit to act as guardian is supported by *153 substantial evidence and therefore is binding upon this court on appeal. That state of the record renders unnecessary that part of the opinion which discusses the soundness of the rule that before custody can be taken from or refused to a parent there must be a finding the parent is unfit to have it. After the statutory change pointed out had occurred, the rule was reaffirmed by the Supreme Court and is binding upon us. Any relaxation of the rule must come from that court or from the Legislature.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9600882. Public record. Not legal advice.