LPS

Name: Conservatorship of O.B.
Case #: S254938
Court: CA Supreme Court
District CalSup
Opinion Date: 07/27/2020
  • Categories: Appeals, Civil Commitments, LPS, Review Principles

Opinion By: Chief Justice Cantil-Sakauye (unanimous decision) When reviewing a finding made pursuant to the clear and convincing standard of proof, an appellate court must review for substantial evidence to the heightened degree of certainty required by this standard. O.B.…

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Name: Conservatorship of M.B.
Case #: A152586
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/12/2018
  • Categories: Civil Commitments, LPS

Trial court correctly applied the definition of "gravely disabled" found in Welfare and Institutions Code section 5008, subdivision (h)(1)(A) in evaluating a request to establish an LPS conservatorship for a minor. The Alameda Public Guardian petitioned the superior court to…

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Name: Conservatorship of S.A.
Case #: B284312
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/19/2018
  • Categories: Civil Commitments, Evidence, LPS, Privileges

The Public Guardian was authorized to use the conservatee's medical and psychiatric records to prove the historical course of her mental disorder. Prior to the trial to determine whether S.A.'s conservatorship under the Lanterman-Petris-Short (LPS) Act should be renewed, the…

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Name: Conservatorship of P.D.
Case #: B281606
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/29/2018
  • Categories: Civil Commitments, LPS

In conservatorship proceedings, it was error for special jury instructions to inform about the duration and types of treatment that may be ordered if a conservatorship is established, but the error was harmless. A jury found that P.D. was gravely…

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Name: Conservatorship of Christopher B.
Case #: C077467
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/28/2015
  • Categories: 1368 Competence, Civil Commitments, LPS, Pretrial Motions

Because trial court did not have jurisdiction to reconsider its unambiguous, but mistaken, dismissal of criminal charges, there was no criminal indictment to support a Murphy conservatorship. Following a bench trial in probate court in September 2014, the court imposed…

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Name: People v. Cowart
Case #: A141043
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/17/2015
  • Categories: 1368 Competence, Actus Reus, Civil Commitments, Crimes, LPS, Pretrial Motions

Leaving the scene of an accident in violation of Vehicle Code section 20001 is not a "felony involving death" within the meaning of Penal Code section 1601, subdivision (a) when there is no evidence that the victim's death resulted from…

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Name: People v. Rosalinda C.
Case #: A138128
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/24/2014
  • Categories: Civil Commitments, LPS

Revisions to Welfare and Institutions Code limiting recommitment of mentally ill person to six months, and requiring additional criteria be found, does not apply to those initially committed prior to June 27, 2012. Rosalinda was committed to a locked facility…

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Name: People v. Barrett
Case #: S180612
Court: CA Supreme Court
District CalSup
Opinion Date: 07/30/2012
  • Categories: Civil Commitments, LPS

In a commitment proceeding under Welfare and Institutions Code section 6500, neither due process nor equal protection require that the committee be personally advised and waive the right to a jury trial. Welfare and Institutions Code section 6500 provides for…

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Name: Conservatorship of John L.
Case #: S157151
Court: CA Supreme Court
District CalSup
Opinion Date: 02/25/2010
  • Categories: Civil Commitments, LPS

The court was entitled to rely on the attorney's representation that the client did not want to be present and did not oppose conservatorship. Prior to a hearing to establish an LPS conservatorship, a report prepared by the conservatorship investigator…

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