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Conservatorship of Gail B.

Conservatorship of Gail B.
08:28:2009



Conservatorship of Gail B.







Filed 8/20/09 Conservatorship of Gail B. CA4/1



NOT TO BE PUBLISHED IN OFFICIAL REPORTS





California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



COURT OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION ONE



STATE OF CALIFORNIA



Conservatorship of the Person of GAIL B.



SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY,



Petitioner and Respondent,



v.



GAIL B.,



Objector and Appellant.



D055194



(Super. Ct. No. MH103599)



APPEAL from a judgment of the Superior Court of San Diego County, Frederick Maguire, Judge. Reversed and remanded.



Gail B. appeals the judgment establishing a conservatorship of her person under the Lanterman-Petris-Short Act (Welf. & Inst. Code, 5000 et seq.). Gail did not attend the March 26, 2009 hearing. Her appointed attorney stated he had advised Gail of her rights and the nature, purpose and consequences of a conservatorship; Gail consented to the conservatorship; and she waived her right to be present. On May 19 Gail filed a declaration stating the attorney had not advised her of all of her rights and all of the consequences of a conservatorship. Gail's appointed appellate counsel and respondent's counsel have filed a stipulation for reversal of the judgment, remand for a new conservatorship hearing and immediate issuance of the remittitur. We accept the stipulation.



DISCUSSION



"An appellate court shall not reverse or vacate a duly entered judgment upon an agreement or stipulation of the parties unless the court finds both of the following: [] (A) There is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal. [] (B) The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement." (Code Civ. Proc., 128, subd. (a)(8).)



Our independent review of the record leads us to conclude we should accept the stipulation. First, there is no reasonable possibility that reversal will adversely affect the interests of nonparties or the public. Gail is not a danger to others. Second, the parties request reversal so they will be placed "in the same position they would be in if Appellant's appeal were prosecuted to successful completion and resulted in a reversal." Because accepting the stipulation will allow Gail the hearing to which she is entitled and requests, and will save time and expenditure of public funds, the public trust will not be eroded. There is no risk of reducing any incentive for pretrial settlement.



DISPOSITION



The judgment is reversed. The case is remanded to the superior court for a new conservatorship hearing after proper advisals and notice. The remittitur is to issue forthwith. (Cal. Rules of Court, rule 8.272(c)(1).)





McCONNELL, P. J.



WE CONCUR:





McINTYRE, J.





IRION, J.



Publication courtesy of California free legal advice.



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Description Gail B. appeals the judgment establishing a conservatorship of her person under the Lanterman-Petris-Short Act (Welf. & Inst. Code, 5000 et seq.). Gail did not attend the March 26, 2009 hearing. Her appointed attorney stated he had advised Gail of her rights and the nature, purpose and consequences of a conservatorship; Gail consented to the conservatorship; and she waived her right to be present. On May 19 Gail filed a declaration stating the attorney had not advised her of all of her rights and all of the consequences of a conservatorship. Gail's appointed appellate counsel and respondent's counsel have filed a stipulation for reversal of the judgment, remand for a new conservatorship hearing and immediate issuance of the remittitur. Court accept the stipulation.
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