Conservatorship of the Person and Estate of J.A. CA5

Filed 3/7/25 Conservatorship of the Person and Estate of J.A. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

CONSERVATORSHIP OF THE PERSON AND ESTATE OF J.A.

STANISLAUS COUNTY PUBLIC F088122 GUARDIAN, (Super. Ct. No. 430347) Petitioner and Respondent,

v. OPINION J.A.,

Objector and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Marcus L. Mumford, Judge. Elaine Forrester, under appointment by the Court of Appeal, for Objector and Appellant. Thomas Boze, County Counsel, and Jesus Mendoza, Deputy County Counsel, for Petitioner and Respondent. -ooOoo-

* Before Peña, Acting P. J., Meehan, J. and Snauffer, J.

This appeal involves a proceeding under the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.).1 After a court trial, the trial court reappointed the respondent Stanislaus County Public Guardian as appellant J.A.’s conservator. On appeal, J.A. contends reversal is required because the court failed to advise him of his right to a jury trial. We agree. BACKGROUND On October 18, 2022, the public guardian was appointed LPS conservator of the person and estate of J.A. for a one-year period set to expire on October 17, 2023. On August 23, 2023, the public guardian, through the county counsel’s office, petitioned for reappointment. On October 11, 2023, the public guardian submitted an ex parte order for the court’s signature continuing the conservatorship and setting a hearing for December 29, 2023. On October 16, 2023, the court signed the order and issued amended letters of conservatorship. A minute order from December 29, 2023, shows the trial court on that date continued the matter to April 26, 2024, for “Contested LPS Conservatorship.” The minute order is unclear as to whether a hearing was held this day, but at the top of the minute order is printed: “COURT AND COUNSEL STIPULATE TO WAIVE ALL PARTIES PRESENCES.” On January 3, 2024, the court filed an order signed on December 29, 2023, stating that the parties, through their counsel, have stipulated to “set the matter for hearing on April 26, 2024, and stipulated to continue the LPS conservatorship of the conservatee.” The order continued the matter to April 26, 2024, “for contested hearing,” and ordered that second amended letters of LPS conservatorship be issued expiring on that date.