9 California opinions name it 2 courts 1986–2018 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
San Diego County Health & Human Services Agency v. Deidre B.green2 sentences2018Code, §§ 1800, subd. (e), 1812, subd. (a) ; Conservatorship of Lefkowitz (1996) 50 Cal.App.4th 1310 , 1314, 58 Cal.Rptr.2d 299 .) She further argues she should have the same procedural protections in this reestablishment proceeding as she would in an initial proceeding, where Public Guardian would not have authority to release her records. ( Conservatorship of Deidre B. (2010) 180 Cal.App.4th 1306 , 1312, 103 Cal.Rptr.3d 825 ["The reestablishment hearing is conducted *446 according to the same rules that govern the initial establishment of a conservatorship"].) S.A.'s rights to privacy and due 2018Code, §§ 1800, subd. (e), 1812, subd. (a) ; Conservatorship of Lefkowitz (1996) 50 Cal.App.4th 1310 , 1314, 58 Cal.Rptr.2d 299 .) She further argues she should have the same procedural protections in this reestablishment proceeding as she would in an initial proceeding, where Public Guardian would not have authority to release her records. ( Conservatorship of Deidre B. (2010) 180 Cal.App.4th 1306 , 1312, 103 Cal.Rptr.3d 825 ["The reestablishment hearing is conducted *446 according to the same rules that govern the initial establishment of a conservatorship"].) S.A.'s rights to privacy and due | 2 | 4 |
Conservatorship of Chambersgreen2 sentences2007(E.g., Conservatorship of Moore, supra, 185 Cal. App.3d at p. 733 , 229 Cal.Rptr. 875 .) In Moore, we drew a "fair inference" in the reestablishment context, that a conservatee had knowingly and intelligently waived his right to a reestablishment hearing given the presence of counsel who communicated the waiver to the court by sworn affidavit. ( Moore, supra, 185 Cal.App.3d at p. 733 , 229 Cal.Rptr. 875 .) We stated, "`When counsel is present, a voluntary and intelligent waiver of known rights may properly be inferred from the record, without a specific on-the-record showing as to *408 each ri 2007(E.g., Conservatorship of Moore, supra, 185 Cal. App.3d at p. 733 , 229 Cal.Rptr. 875 .) In Moore, we drew a "fair inference" in the reestablishment context, that a conservatee had knowingly and intelligently waived his right to a reestablishment hearing given the presence of counsel who communicated the waiver to the court by sworn affidavit. ( Moore, supra, 185 Cal.App.3d at p. 733 , 229 Cal.Rptr. 875 .) We stated, "`When counsel is present, a voluntary and intelligent waiver of known rights may properly be inferred from the record, without a specific on-the-record showing as to *408 each ri | 1 | 2 |
San Diego County Health & Human Services Agency v. Amanda B.green2 sentences2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo 2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo | 1 | 1 |
Conservatorship of Kevin M.green2 sentences2010Code, §§ 5362, 5350, subd. (d).) The reestablishment hearing is conducted according to the same rules that govern the initial establishment of a conservatorship. (§§ 5350, subd. (d), 5362, subds. (a), (b); rule 8.2.34; Conservatorship of Kevin M. (1996) 49 Cal.App.4th 79, 84 [ 56 Cal.Rptr.2d 765 ].) The state has the burden to prove beyond a reasonable doubt that the conservatee remains gravely disabled. 2010Code, §§ 5362, 5350, subd. (d).) The reestablishment hearing is conducted according to the same rules that govern the initial establishment of a conservatorship. (§§ 5350, subd. (d), 5362, subds. (a), (b); rule 8.2.34; Conservatorship of Kevin M. (1996) 49 Cal.App.4th 79, 84 [ 56 Cal.Rptr.2d 765 ].) The state has the burden to prove beyond a reasonable doubt that the conservatee remains gravely disabled. | 1 | 1 |
San Diego County Department of Social Services v. Pollockgreen2 sentences2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo 2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo | 1 | 1 |
San Diego County Health & Human Services Agency v. Christopher A.green2 sentences2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo 2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo | 1 | 1 |
Committee for a Progressive Gilroy v. State Water Resouces Control Boardgreen2 sentences2008And in Gilroy, supra, 192 Cal.App.3d 847 , 237 Cal. Rptr. 723 , the court ruled not only that prior CEQA review was relevant to the determination of the baseline, but also that the reestablishment of a requirement previously approved under CEQA did not constitute a "project" subject to environmental review. 2008And in Gilroy, supra, 192 Cal.App.3d 847 , 237 Cal. Rptr. 723 , the court ruled not only that prior CEQA review was relevant to the determination of the baseline, but also that the reestablishment of a requirement previously approved under CEQA did not constitute a "project" subject to environmental review. | 1 | 1 |
Blanton v. Womancare, Inc.green2 sentences1986(See Blanton v. Womancare, Inc. (1985) 38 Cal.3d 396, 404 [ 212 Cal.Rptr. 151 , 696 P.2d 645 , 48 A.L.R.4th 109 ].) However, conservatees are not, by reason of their conservatorship, automatically considered incompetent, and their ability to knowingly and intelligently waive their hearing rights is a question of fact, a question here, which has not been addressed in any proceedings below. *733 However, by fair inference, Moore appears to have knowingly and intelligently waived the reestablishment hearing. 1986(See Blanton v. Womancare, Inc. (1985) 38 Cal.3d 396, 404 [ 212 Cal.Rptr. 151 , 696 P.2d 645 , 48 A.L.R.4th 109 ].) However, conservatees are not, by reason of their conservatorship, automatically considered incompetent, and their ability to knowingly and intelligently waive their hearing rights is a question of fact, a question here, which has not been addressed in any proceedings below. *733 However, by fair inference, Moore appears to have knowingly and intelligently waived the reestablishment hearing. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sorenson v. Superior Court
green
2 sentences2018The trial was not open to the public and her records are sealed. (§ 5118; Sorenson , supra , 219 Cal.App.4th at p. 416 , 161 Cal.Rptr.3d 794 .) She retains many of her rights, but the LPS Act denies her the right to exclusive control of her medical records as a consequence of her preexisting conservatorship. 2018The trial was not open to the public and her records are sealed. (§ 5118; Sorenson , supra , 219 Cal.App.4th at p. 416 , 161 Cal.Rptr.3d 794 .) She retains many of her rights, but the LPS Act denies her the right to exclusive control of her medical records as a consequence of her preexisting conservatorship. | 2 | 2018–2018 |
Conservatorship of Lefkowitz
green
2 sentences2018Code, §§ 1800, subd. (e), 1812, subd. (a) ; Conservatorship of Lefkowitz (1996) 50 Cal.App.4th 1310 , 1314, 58 Cal.Rptr.2d 299 .) She further argues she should have the same procedural protections in this reestablishment proceeding as she would in an initial proceeding, where Public Guardian would not have authority to release her records. ( Conservatorship of Deidre B. (2010) 180 Cal.App.4th 1306 , 1312, 103 Cal.Rptr.3d 825 ["The reestablishment hearing is conducted *446 according to the same rules that govern the initial establishment of a conservatorship"].) S.A.'s rights to privacy and due 2018Code, §§ 1800, subd. (e), 1812, subd. (a) ; Conservatorship of Lefkowitz (1996) 50 Cal.App.4th 1310 , 1314, 58 Cal.Rptr.2d 299 .) She further argues she should have the same procedural protections in this reestablishment proceeding as she would in an initial proceeding, where Public Guardian would not have authority to release her records. ( Conservatorship of Deidre B. (2010) 180 Cal.App.4th 1306 , 1312, 103 Cal.Rptr.3d 825 ["The reestablishment hearing is conducted *446 according to the same rules that govern the initial establishment of a conservatorship"].) S.A.'s rights to privacy and due | 1 | 2018–2018 |
Imperial County Behavioral Health Services v. Joseph W.
green
1 sentence2015Code,] §§ 5350, subd. (d), 5362, subds. (a), (b); [citations].)’ ” (Conservatorship of Joseph W. (2011) 199 Cal.App.4th 953, 962 .) The selection of an LPS conservator is solely in the discretion of the court and must be guided by “what appears to be for the best interests of the proposed conservatee.” (Prob. | 1 | 2015–2015 |
San Diego County Department of Social Services v. Delay
green
2 sentences2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo 2010(Conservatorship of Amanda B. (2009) 173 Cal.App.4th 1380, 1385 [ 93 Cal.Rptr.3d 817 ]; Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604, 611 [ 43 Cal.Rptr.3d 427 ].) The conservatorship may be reestablished in summary fashion at an initial court hearing, or, upon request within five days of the initial hearing, through a full court or jury trial. (§§ 5350, subd. (d), 5365, 5362, subd. (b); Conservatorship of Chambers (1977) 71 Cal.App.3d 277, 283 [ 139 Cal.Rptr. 357 ]; Conservatorship of Delay (1988) 199 Cal.App.3d 1031 , 1036 & fn. 4 [ 245 Cal.Rptr. 216 ] Conservatorship of Pollo | 1 | 2010–2010 |
San Diego Department of Social Services v. Moore
green
2 sentences2007(E.g., Conservatorship of Moore, supra, 185 Cal. App.3d at p. 733 , 229 Cal.Rptr. 875 .) In Moore, we drew a "fair inference" in the reestablishment context, that a conservatee had knowingly and intelligently waived his right to a reestablishment hearing given the presence of counsel who communicated the waiver to the court by sworn affidavit. ( Moore, supra, 185 Cal.App.3d at p. 733 , 229 Cal.Rptr. 875 .) We stated, "`When counsel is present, a voluntary and intelligent waiver of known rights may properly be inferred from the record, without a specific on-the-record showing as to *408 each ri 2007(E.g., Conservatorship of Moore, supra, 185 Cal. App.3d at p. 733 , 229 Cal.Rptr. 875 .) In Moore, we drew a "fair inference" in the reestablishment context, that a conservatee had knowingly and intelligently waived his right to a reestablishment hearing given the presence of counsel who communicated the waiver to the court by sworn affidavit. ( Moore, supra, 185 Cal.App.3d at p. 733 , 229 Cal.Rptr. 875 .) We stated, "`When counsel is present, a voluntary and intelligent waiver of known rights may properly be inferred from the record, without a specific on-the-record showing as to *408 each ri | 1 | 2007–2007 |
San Diego County Health & Human Services Agency v. Tian L.
green
2 sentences2007This court dealt with a similar claim in Conservatorship of Tian L., supra, 149 Cal.App.4th 1022 , 57 Cal.Rptr.3d 382 in the context of a petition to reestablish a conservatorship under the LPS Act. 2007This court dealt with a similar claim in Conservatorship of Tian L., supra, 149 Cal.App.4th 1022 , 57 Cal.Rptr.3d 382 in the context of a petition to reestablish a conservatorship under the LPS Act. | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.