Conservatorship of the Person of Linda M. CA1/5

California Court of Appeal Jan 30, 2024 No. A166105Unpublished

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Holding. The court dismissed the appeal as moot because the conservatorship had terminated by operation of law, further noting that the appellant's legal arguments were forfeited and lacked merit.

Issues

Whether the appeal is moot because the conservatorship has terminated.
Whether the appellant forfeited her argument regarding the admissibility of medical records under section 5354 by failing to raise it in the trial court.

Disposition. dismissed

Quotations verified verbatim against the opinion

“As a threshold matter, we conclude this appeal is moot given that Linda’s conservatorship terminated by operation of law in June 2023.”

“Linda did not argue below that medical records are inadmissible hearsay in conservatorship cases as a matter of law pursuant to section 5354.”

“Accordingly, we dismiss her appeal.”

Filed 1/30/24 Conservatorship of the Person of Linda M. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

Conservatorship of the Person of LINDA M.

PUBLIC GUARDIAN OF CONTRA COSTA COUNTY, as Conservator, etc., A166105 Petitioner and Respondent, v. (Contra Costa County LINDA M., Super. Ct. Nos. MSP21-01104, MSP22-00247) Objector and Appellant.

MEMORANDUM OPINION Linda M. appeals from an order granting the petition of the Public Guardian of Contra Costa County (Public Guardian) to establish a conservatorship for a one-year period after a jury found her gravely disabled within the meaning of the Lanterman-Petris-Short Act (the Act) (Welf. & Inst. Code, § 5000 et seq.)1 Linda challenges this order on the grounds that the trial court erred in admitting her medical records under the general

1 Unless otherwise stated, all statutory citations herein are to the

Welfare and Institutions Code.

business records exception to the hearsay rule.2 Linda reasons that the use of medical records at a jury trial pursuant to the Act contravenes section 5354, which she insists is controlling and supersedes the business records exception.3 As a threshold matter, we conclude this appeal is moot given that Linda’s conservatorship terminated by operation of law in June 2023. “ ‘[A]n action that involves only abstract or academic questions of law cannot be maintained. [Citation.] And an action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events.’ (9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 749, p. 814; [citation].) If the issues on appeal are rendered moot, a reversal would be without practical effect, and the appeal

2 We resolve this case by a memorandum opinion pursuant to

Conservatorship of the Person of Linda M. CA1/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

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