Conservatorship of L.P. CA1/2

Filed 7/13/22 Conservatorship of L.P. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

Conservatorship of the Person of L.P.

PUBLIC GUARDIAN OF CONTRA COSTA COUNTY, A163630 Petitioner and Respondent, v. (Contra Costa County Super. Ct. No. P1701255) L.P., Objector and Appellant.

L.P. appeals from the trial court’s order reappointing respondent Contra Costa County Public Guardian (public guardian) conservator of her person pursuant to the Lanterman-Petris-Short Act (LPS) Act (Welf. & Inst. Code, § 5000 et seq.). However, because L.P. consented to a later reappointment of respondent as conservator during the pendency of this appeal, we will dismiss the appeal as moot. BACKGROUND In 2017, the public guardian was appointed conservator for L.P. The public guardian was reappointed conservator in 2018 and 2019. On December 1, 2020, the public guardian filed a petition for reappointment as conservator.

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After several continuances, a court trial on the petition was held on August 24 and 30, 2021, with testimony from L.P.’s conservator and Dr. Michael Levin, a psychiatrist with Contra Costa County. At the conclusion of the trial, the trial court issued an order reappointing the public guardian as conservator. On September 27, L.P. filed a notice of appeal of the August 30 conservatorship order. On appeal, L.P. argues that certain statements in her medical records, relied upon by Dr. Levin in reaching his opinions, were “case-specific” hearsay not subject to any hearsay exception and should not have been admitted into evidence under People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez). On December 9—while this appeal was pending—the public guardian again petitioned for reappointment as conservator, indicating that the conservatorship would otherwise terminate on January 8, 2022. According to a declaration from counsel for the public guardian, a reappointment hearing was ultimately held on May 6, 2022, at which hearing L.P.’s counsel indicated that L.P. accepted reappointment of the conservatorship. The trial court reappointed the public guardian as conservator for a one-year period beginning January 9, 2022. On May 12, 2022—after L.P.’s opening brief but before respondent’s brief was filed—the public guardian filed a request for judicial notice, motion to take additional evidence, and motion to dismiss, requesting that we take judicial notice of the December 9, 2021 petition for reappointment and the