Withrow v. B.L. CA5

Filed 2/18/22 Withrow v. B.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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ROBERT WITHROW, as Director, etc., F082264 Plaintiff and Respondent, (Super. Ct. No. 20CEPR01011) v.

B.L, an Incompetent Person, etc., OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Debra J. Kazanjian, Judge. Conness A. Thompson, for Defendant and Appellant. Rob Bonta, Attorney General, Cheryl L. Feiner, Assistant Attorney General, Gregory D. Brown and Dane C. Barca, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Detjen, J. and Snauffer, J.

Appellant B.L. is involuntarily committed to the State Department of State Hospitals at Coalinga State Hospital (CSH). The medical director of CSH obtained an order authorizing a necessary medical procedure be performed upon B.L. based on a finding that B.L. lacked the mental capacity to give informed consent. B.L. appeals that order. The parties now agree that the trial court’s order should be vacated because the medical procedure is no longer medically necessary and will not be performed upon B.L. pursuant to the order. We grant the parties’ joint motion, vacating the trial court’s order. Because we grant the relief B.L. seeks pursuant to the parties’ joint motion, we do not reach the merits of B.L.’s appeal and we dismiss the appeal as moot. PROCEDURAL AND FACTUAL SUMMARY On November 10, 2020, Robert Withrow, M.D., Medical Director of CSH, filed a petition seeking authorization to perform a medical treatment and to consent on B.L.’s behalf. (Prob. Code, § 3200 et seq.) The petition alleged that B.L. has been committed to CSH pursuant to Penal Code section 2972 since March 6, 2014. It further alleged that he was diagnosed with delusional disorder, resulting in him being unable to understand the nature of his medical and psychiatric conditions. In addition to B.L.’s mental illness, his treating physician opined that he suffered from “iron deficiency, anemia, possible upper or lower gastrointestinal bleeding, and constipation.” His treating physician determined that B.L. required a colonoscopy, an endoscopy, and prescription medication, but based on his mental illness, B.L. could not consent to the required procedures. On December 16, 2020, the trial court held a hearing at which B.L.’s treating physician and treating psychiatrist testified on behalf of Withrow. His treating physician testified that B.L.’s hemoglobin count was, at various points, dangerously low which could indicate a life-threatening condition. Without conducting an endoscopy and colonoscopy, B.L.’s treating physician could not provide an accurate diagnosis of B.L.’s condition. B.L.’s treating physician and treating psychiatrist both described that B.L. did