Conservatorship of M.M. CA1/2

BACKGROUND

On February 28, 2023, the Public Guardian filed a petition for appointment of a conservator and temporary conservator over M.M.’s person, asserting that M.M. was “gravely disabled” within the meaning of the LPS Act. The court appointed a temporary conservator and issued a citation for a March 22, 2023 hearing on the petition. At the March 22 hearing, M.M., represented by the Contra Costa County Public Defender’s Office, demanded a jury trial,3 which the court set for April 24, 2023. On April 24, the Public Guardian requested a continuance of trial because “trial counsel expect[ed] to be occupied in one of three other jury trials” set to proceed that week in the same department. M.M. objected and, the following day, filed a written objection to the continuance and a motion to dismiss the petition and release M.M. The court denied the motion and found good cause to continue the trial—it was the only department available that day and there was “no representation of another attorney for [M.M.] being available”—and reset the jury trial to July 3, 2023.

3 The LPS Act provides the right to demand a jury trial on the issue of

whether the person is gravely disabled. (§ 5350,…