K.R. v. Superior Court
The court held that, under the Lanterman-Petris-Short Act, a hearing on a conservatorship petition is not a trial and therefore a conservatee's participation does not constitute a waiver of the statutory right to a jury trial, that the trial court must personally inform the proposed conservatee of that right and must honor a timely.
Date Filed: June 22, 2022
Case Name: K.R. v. Superior Court
Case Number: A164821
Court: California Court of Appeal, First Appellate District, Division Three
The Court decides that under the Lanterman‑Petris‑Short Act a “hearing” on a conservatorship petition is not a trial, and a conservatee does not waive the statutory right to a jury trial simply by participating in that hearing; the trial court must personally advise the proposed conservatee of the right and honor a timely demand for a jury trial. Accordingly, the appellate court vacates the lower court’s denial and orders a jury trial on the conservatorship petition. This holding clarifies the procedural safeguard that preserves a conservatee’s jury‑trial right and prevents courts from treating evidentiary hearings as de\u202ffacto bench trials in LPS proceedings.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.