Le Jeune v. Superior Court

This is an application for a writ of prohibition to restrain the superior court from trying, without a jury, the issues raised by a petition for the appointment of a conservator and written objections thereto. The applicant herein is the subject of the conservatorship proceedings thus initiated; filed the written objections in question; denied that he is incompetent or that a conservator should be appointed for his estate; filed a timely demand for a jury trial of the issues thus raised; and posted the necessary fees therefor. His request for a jury trial was denied. The instant proceedings followed.

The sole issue for determination is whether the subject of a conservatorship proceeding is entitled to a trial by jury of the issues raised by the petition for the appointment of a conservator and his written objections filed in opposition thereto.

Proceedings to effect a conservatorship are governed by the provisions of the Probate Code which, direct: “. . . the superior court, if satisfied by sufficient' evidence of the need therefor,” to appoint a conservator of the person or property of an adult person, under specifically designated circumstances; authorize the filing of a…