Conservatorship of the Person and Estate of C.L. CA5

Filed 3/7/25 Conservatorship of the Person and Estate of C.L. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.L.

STANISLAUS COUNTY PUBLIC F088087 GUARDIAN, (Super. Ct. No. MH-23-001349) Petitioner and Respondent,

v. OPINION C.L.,

Objector and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Marcus L. Mumford, Judge. Linda J. Zachritz, 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 appointed the respondent Stanislaus County Public Guardian as appellant C.L.’s conservator. On appeal, C.L. contends reversal is required because the court failed to advise him of his right to a jury trial and obtain a personal waiver of that right. We conclude the court’s failure to advise C.L. of his jury trial right was reversible error. BACKGROUND On November 15, 2023, the Stanislaus County conservatorship investigator petitioned to have the Stanislaus County public guardian appointed as temporary conservator of C.L.’s person and estate under the LPS Act. On December ,5 2023, the trial court signed an ex-parte order appointing the public guardian as temporary conservator and issued letters of temporary conservatorship. The letters were to expire on December 15, 2023. On December 15, 2023, the court signed an order continuing the temporary conservatorship to March 22, 2024, and amended letters were issued on December 19, 2023. A minute order from December 15, 2023, reflects the extension of the temporary conservatorship and also states that the matter is continued to March 22, 2024, for “Contested LPS Conservatorship.” A court trial was held on March 22, 2024, at which C.L. was present and represented by his counsel. The court began the hearing by confirming C.L.’s identity and the appearances of counsel and the witnesses. The court asked if both sides were ready to proceed, and both counsel confirmed that they were. The parties stipulated to the foundation for medical records and the investigator’s report, and also stipulated that the clinical psychologist who was to testify for the public guardian was an expert in forensic psychology. The court accepted the stipulations and admitted the evidence. No one mentioned C.L.’s right to a jury trial.