Conservatorship of James E. CA2/8

Filed 12/26/25 Conservatorship of James E. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

Conservatorship of the Person and B344431 Estate of JAMES E. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. 24NWMH00660) OFFICE OF THE PUBLIC GUARDIAN, Petitioner and Respondent,

v.

JAMES E.,

Objector and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Robert S. Harrison and Scott R. Herin, Judges. Reversed. Christian C. Buckley, under appointment by the Court of Appeal, for Objector and Appellant. No appearance for Petitioner and Respondent.

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The sole issue presented by this appeal is the validity of a jury trial waiver on a conservatorship petition under the Lanterman-Petris-Short Act (LPS) (Welf. & Inst. Code, § 5000, et seq.). At the court trial on the petition that followed James E.’s waiver, the trial court found James to be gravely disabled within the meaning of the LPS, granted the petition, and appointed the Los Angeles County Office of the Public Guardian (Public Guardian) as conservator. On appeal from the judgment of conservatorship, James contends reversal is required because the trial court failed to properly advise him of his right to a jury trial and to obtain a knowing and voluntary waiver. We conclude the record does not affirmatively demonstrate that James made a knowing and voluntary waiver of his right to a jury trial. We therefore reverse the order granting the petition for conservatorship. FACTUAL AND PROCEDURAL BACKGROUND In 2024, James was charged with assault with a deadly weapon (not a firearm) and found incompetent to stand trial. A referral was made to the Public Guardian for investigation of whether a conservatorship under the LPS was warranted. James had several documented “episodes of mental health encounters,” but no prior criminal record or prior conservatorship proceedings. At the hearing on December 23, 2024 under Welfare and Institutions Code section 5350, subdivision (d)(1) before Judge Robert S. Harrison, James was present with appointed counsel. Counsel advised the court she spoke with James that morning about the conservatorship proceedings, and James was “very clear that he does not want a conservatorship, so I would like to set this for court trial/jury trial setting.”