Imperial County Behavioral Health Services v. Joseph W.

Joseph W. appeals a judgment reestablishing a conservatorship of his person under the Lanterman-Petris-Short (LPS) Act (Welf. & Inst. Code, § 5000 et seq.). 1 Following a court (or bench) trial, the trial court found Joseph gravely disabled because, as a result of a mental disorder, he is unable to provide for his basic needs for food, clothing, or shelter. Three days later, Joseph filed a section 5350, subdivision (d), demand for a jury trial on the issue of whether he is gravely disabled. The court concluded Joseph elected to have a court trial on that issue and therefore no longer had a statutory right to a jury trial. On appeal, Joseph contends the trial court (1) erred by denying his demand for a jury trial and (2) violated his constitutional due process rights by denying his statutory right to a jury trial. 2 We conclude that, although the trial court erred by misinterpreting Joseph’s request for a hearing as a request for a court trial, he waived or forfeited that error, and we affirm the judgment.

*958 FACTUAL AND PROCEDURAL BACKGROUND

In April 2009, Imperial County Behavioral Health Services (County) filed an LPS (§ 5350) petition for appointment of a…