California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

conservatorship

5 opinions tagged “conservatorship”

J.O. v. Super. Ct. 5/28/26 SC

The Rule of J.O. v. Superior Court is that if a party timely objects to a Code of Civil Procedure section 170.6 motion and makes a prima facie showing that the motion's proponent is lodging bad faith blanket challenges against a judge, a court may look beyond the section 170.6 affidavit or oral statement and inquire into the legitimacy of the party's assertions of prejudice, under circumstances where bad faith blanket abuses of section 170.6 materially impair the judiciary's constitutional function to effectively administer justice.

Esparza v. Super Ct. 2/5/26 CA4/2

The Rule of Esparza v. The Superior Court of San Bernardino County is that incompetence to testify under Evidence Code section 701 may not be presumed from a prior grave disability finding under the LPS Act, under circumstances where a conservatorship has been established based on inability to provide for basic personal needs.

Conservatorship of A.B. 1/12/26 CA1/2

The Rule of Conservatorship of A.B. is that a person may be found presently gravely disabled if clear and convincing evidence shows they lack insight into their mental illness and will not take medication necessary to provide for basic needs without a court order, under circumstances where the evidence demonstrates a longstanding pattern of decompensating when not under mandatory medication orders despite repeated cycles of hospitalization.

Conservatorship of B.K. 1/28/26 CA2/4

The Rule of Conservatorship of B.K. is that an LPS Act conservatee may waive their jury trial right through counsel without a personal on-the-record advisement when the conservatee acknowledges awareness of the right and confirms the waiver choice, under circumstances where counsel has consulted with the conservatee, there is no suggestion counsel lacks authority or disregards the client's wishes, and the conservatee participates in the proceedings without objection.

Conservatorship of R.R. 4/22/26 CA3

The Rule of Conservatorship of R.R. is that a conservatorship initiated pursuant to Welfare and Institutions Code section 5361 begins upon "the appointment of the conservator by the superior court" on the date the court issues its reappointment order, not retroactively to the date of the prior conservatorship's automatic termination, under circumstances where conservatorship proceedings have not been completed by the automatic termination date and the court has ordered the conservatee held until proceedings are completed.