Conservatorship of John M. CA1/1
── Conservatorship of John M. CA1/1 ──
Court: California Court of Appeal
Date: June 03, 2026
Category: General
Filed 6/3/26 Conservatorship of John M. CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
Conservatorship of the Person of
JOHN M.
PUBLIC GUARDIAN OF SAN
FRANCISCO COUNTY,
Petitioner and Respondent, A174524
v.
(San Francisco City and County
JOHN M.,
Super. Ct. No. PMH-25-025053)
Objector and Appellant.
Following a September 2025 bench trial, the trial court found objector
and appellant John M. to be gravely disabled under the Lanterman-Petris-
Short Act (Welf. & Inst. Code, § 5000 et seq.). The court appointed the San
Francisco Department of Disability and Aging Services, Office of the Public
Conservator (public guardian) as John M.’s conservator. On appeal,
John M.’s sole claim is that reversal is required because the record does not
show he knowingly and voluntarily waived his right to a jury trial. We
disagree and affirm.
I.
FACTUAL AND PROCEDURAL
BACKGROUND
In April 2025, the public guardian petitioned to be appointed
conservator over John M., who was diagnosed with schizophrenia and was
unhoused but currently in the hospital. In an accompanying affidavit, a
doctor averred that John M. had visited the emergency room over 100 times
throughout the past two years, was in a wheelchair, and struggled to meet
his own medical and nutritional needs. The doctor also averred that John M.
did not have the capacity to consent to psychotropic medication and other
treatment for his mental disorder. The trial court appointed a temporary
conservator pending a hearing on the petition.
After several continuances, the matter came on for hearing on
September 4, 2025. John M. was present with counsel. The trial court told
John M. that he had the right to a jury trial on whether he was gravely
disabled. The court explained that a jury trial would involve “call[ing] in
several members of the community and ultimately [12] members would have
to agree unanimously beyond a reasonable doubt that [he was] gravely
disabled.” Alternatively, the court said, John M. could elect “a judge trial[,]
where the judge alone, in this case me, would make that decision. So, if you
waive a right to a jury trial, you’re agreeing to have me alone decide the
issue.”
The following discussion between the trial court, John M., and his
counsel then occurred:
“THE COURT: Would you like to schedule a case for jury trial
or proceed today with a judge trial?
“[JOHN M.]: I believe if I have a good chance of getting out,
getting off conservatorship, I’m fine with you.
But if I don’t have a good chance, I’m gonna
2
need a jury trial.
“[COUNSEL]: So, Mr. M[.], you have a choice. You can either
choose to go forward today with a bench trial
with Judge Murphy or we can pick a different
date for a jury trial. It is your decision.
“[JOHN M.]: I would like to show you when I went on. I
guess we’ll try a judge trial. I can walk now. I
couldn’t walk before. Someo
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}