39 Cal. App. 5th 496
Cal. Ct. App. 5th2019Background
- Los Angeles County Public Guardian filed a petition (July 26, 2018) to appoint a conservator for M.M., alleging schizophrenia, refusal of treatment, and inability to provide for basic needs. Temporary conservatorship was ordered July 27, 2018.
- M.M. demanded a jury trial on August 16, 2018; his counsel requested a trial setting conference about four weeks out and asked for a § 730 expert evaluation.
- Trial was scheduled and continued several times largely for defense counsel’s scheduling conflicts and to obtain an expert report; the trial ultimately began October 16, 2018 (61 days after the demand).
- At trial the treating psychiatrist testified M.M. was gravely disabled; M.M. denied mental illness and medical conditions; the jury found him gravely disabled.
- The trial court appointed a conservator and set the conservatorship to terminate October 18, 2019. M.M. did not challenge the verdict or conservatorship merits on appeal; his sole claim was the court violated the statutory timing to commence trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated statutory timing (trial to commence within 25 days of demand) and whether that timing error requires shortening the conservatorship term | M.M.: Trial should have begun within 25 days of his August 16 demand (by Sept. 10); delay extended conservatorship 36 days, so term should be shortened accordingly | Public Guardian: Section 5350 timing is directory, not mandatory; delays were largely caused or consented to by M.M.’s counsel (waiver/forfeiture); no jurisdictional defect | Court: Timing provisions are directory; M.M. forfeited objection because counsel requested/did not object to continuances; affirmed conservatorship order |
Key Cases Cited
- Conservatorship of James M., 30 Cal.App.4th 293 (1994) (statutory timing in § 5350 is directory, not jurisdictional)
- Conservatorship of Kevin M., 49 Cal.App.4th 79 (1996) (untimely jury demand does not divest court of jurisdiction; party may waive objection to timing)
- Conservatorship of Joseph W., 199 Cal.App.4th 953 (2011) (failure to object can constitute waiver or forfeiture of jury-trial rights)