Metropolitan News-Enterprise


Wednesday, August 21, 2019


Page 4


Dismissal of Appeal Based on Death Consumes 12 Pages


By a MetNews Staff Writer


Div. One of the Fourth District Court of Appeal yesterday dismissed an appeal by a conservatee of a court order because the appellant had died—doing so in an opinion stretching over 12 pages.

Justice Joan K. Irion wrote the 3,130-word opinion, which was not certified for publication.

She announced at the start that “we decline to exercise our inherent discretion to decide the moot issues,” proceeding to discuss the facts and contentions relating to the conservatorship, brought under the Lanterman-Petris-Short (“LPS”) Act.

The jurist said that some courts have decided moot issues where a conservatorship has been statutorily terminated. She observed:

“[T]here is no possibility that there will ever be another LPS conservatorship of the person of the Conservatee.”

The case is Conservatorship of McClelland, D074107.


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