Allred Statement re Appeal Process
“Today, December 9th 2009, we argued our Appeal in the petition that we filed on behalf of Paul Petersen.
In this petition we ask the Court to appoint a guardian over the estate of Ms. Suleman’s octuplets. The most important issue in this appeal is whether or not Mr. Petersen has “standing” to ask that a guardian be appointed.
This is a case of “First Impression” on the issue of ‘standing.’ That means that there is no case that either side can cite as precedent for this legal discussion.
California Probate Code, Section 1510(a) states that “a relative or other person on behalf of the minor” may file a petition seeking guardianship.
We believe that this code section is clear and unambiguous and means that any person may file. We believe that the reason for the language in Probate Code, Section 1510(a) is to protect minors by allowing any person to file a petition in order to bring to the Court’s attention issues that may impact the financial well-being of minors so that the Court can safeguard their interests. This is especially important in a case such as this, where the minors’ images are being sold as part of a commercial contract, and being sold in a state where the law requires, as it does in California, that a minor’s income be segregated and protected, and that said income is the “property” of the minor employed in the entertainment industry.
If the Court of Appeals recognizes that Mr. Petersen has ‘standing’ then we can proceed with this case and the Trial Court can decide, after discovery and the presentation of evidence, whether or not a Guardian of the Suleman children’s estate needs to be appointed.
We look forward to the decision of the Court of Appeals and hope that the Court will arrive at a decision that will protect children and their rights, especially those children performing in the entertainment industry.”
Gloria Allred & John Deily,
Attorneys at Law