42 Cal.App.5th 190
Cal. Ct. App.2019Background
- Oct 2016: Bryan S. arrested; found incompetent to stand criminal trial and treated at Napa State Hospital for ≈2 years; hospital recommended conservatorship.
- Oct 2018: Mendocino County Public Guardian filed an LPS conservatorship petition alleging Bryan was gravely disabled by schizophrenia; psychologist’s report supported the petition.
- Nov 1, 2018: Court appointed public defender, granted temporary conservatorship; permanent-conservatorship hearing set for Nov 29.
- Nov 29, 2018: Bryan (through counsel) demanded a trial; court proposed Jan 28, 2019 and counsel agreed; parties later stipulated Bryan would appear by video.
- Jan 28, 2019: Court trial held by video; county called Bryan as a witness (no objection); testimony from psychologist and conservator; court found Bryan gravely disabled and appointed the public guardian conservator for one year.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of LPS trial under §5350(d)(2) | Bryan: trial not commenced within statutory 10‑day window after demand; delay prejudiced him and should shorten conservatorship term | Public guardian: trial date was agreed to by Bryan’s counsel; no objection below → forfeiture | Forfeited. Court declined to consider untimeliness on appeal; conservatorship term affirmed |
| Right to refuse to testify (equal protection) | Bryan: LPS conservatees are similarly situated to NGI/SVP/MDO commitments and thus should have the same testimonial privilege | Public guardian: LPS conservatees differ (no criminal finding, different purposes, more placement options); no statutory extension of criminal testimonial protections | Rejected. LPS conservatees not similarly situated; no equal protection right to refuse to testify (Fifth Amendment protections against compelled incrimination still apply) |
Key Cases Cited
- Hudec v. Superior Court, 60 Cal.4th 815 (2015) (statute extending criminal‑trial constitutional protections to NGI commitment proceedings supports NGI testimonial privilege)
- Cramer v. Tyars, 23 Cal.3d 131 (1979) (no general constitutional right to refuse to testify in civil proceedings)
- Conservatorship of Baber, 153 Cal.App.3d 542 (1984) (proposed conservatee cannot refuse to testify at conservatorship trial on Fifth Amendment grounds)
- People v. McKee, 47 Cal.4th 1172 (2010) (equal protection analysis requires showing classes are similarly situated for the law challenged)
- People v. Curlee, 237 Cal.App.4th 709 (2015) (extended Hudec reasoning to SVP proceedings for testimonial privilege purposes)
- People v. Dunley, 247 Cal.App.4th 1438 (2016) (applied similar analysis to MDO proceedings)
- Conservatorship of Susan T., 8 Cal.4th 1005 (1994) (LPS Act aims differ from criminal law; conservatees are not criminal defendants)
- Conservatorship of M.M., 39 Cal.App.5th 496 (2019) (rejected similar timeliness challenge under §5350)