Skip to content

Must an LPS conservatee demonstrate prejudice in establishing a delay violated Due Process and Equal Protection?

Case Name: Conservatorship of E.A. (2026) 20 Cal.5th 145
Case #: S287241/A169299
Last Updated: July 23, 2026

This case presents the following issue: Must a conservatee demonstrate prejudice to establish that a 362-day delay in initiating a trial in a Lanterman-Petris-Short Act conservatorship proceeding violates due process and equal protection?

Held:

“[W]e conclude that a due process violation based on pretrial delay in LPS conservatorship proceedings is not a structural error and may be found harmless on direct appeal under appropriate circumstances.
Although E.A. was deprived of due process by the lengthy pretrial delay, we conclude this due process violation was harmless beyond a reasonable doubt under the circumstances presented here.”

This case was decided on 7/23/26.  C.J. Guerrero authored the opinion of the Court.  J. Liu filed a concurring opinion.