Guardianship of A.H.
The court held that, even in probate-code guardianship proceedings, a trial court may not impose a mandatory terminating sanction such as dismissal for a party's failure to file a required witness list because such a dismissal constitutes a disproportionate abuse of discretion and the court must instead consider less severe remedies, such as a continuance or monetary penalties.
Date Filed: September 12, 2022
Case Name: Guardianship of A.H.
Case Number: E077036
Court: California Court of Appeal, Fourth Appellate District, Division Two
The court decides whether a trial court may impose a terminating sanction—dismissal of a guardianship petition—when a party fails to file a required witness list. It holds that the trial court abused its discretion by automatically dismissing the petition; the sanction was disproportionate and the court should have considered lesser remedies such as a continuance or monetary penalties. This ruling clarifies that, even in probate‑code guardianship proceedings, courts must exercise discretion and cannot enforce mandatory dismissal for procedural non‑compliance.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.