McKeown

San Diego County Department of Social Services v. McKeown

Bad Law
1994 Cal. App. LEXIS 532·25 Cal. App. 4th 502·30 Cal. Rptr. 2d 542·94 Daily Journal DAR 7452·94 Cal. Daily Op. Serv. 3997
Court of Appeal of CaliforniaMay 31, 1994No. D018844California2,410 words

Opinion

Lead Opinion

Nares, J.

James S. McKeown III appeals an order reestablishing a conservatorship of his person after the trial court denied his motion to dismiss the reestablishment petition for lack of jurisdiction. McKeown also contends the trial court erred in instructing the jury regarding expert testimony. We affirm.

Factual and Procedural Background

A one-year conservatorship for McKeown was established on April 16, 1992. On March 22, 1993, the public conservator filed a petition to reestablish conservatorship. A hearing on the petition was noticed for April 15, 1993. McKeown, through his attorney, appeared specially reserving the right to contest jurisdiction, waived the hearing, and demanded a jury trial.

McKeown filed a motion to dismiss the reestablishment petition for lack of jurisdiction. McKeown alleged the citation for conservatorship of the person was issued by a department of social services clerk and not by the *505 court clerk or under court seal. When trial commenced on April 20, 1993, the court denied McKeown’s motion, stating jurisdiction continued from the original conservatorship to the current reestablishment proceedings. The jury found McKeown gravely disabled and…

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