Legal Opinion
Kaplan v. Superior Court
California Court of Appeal
Decided December 27, 1989No. C007688PublishedCited by 7 opinions
1Opinion of the Court
Opinion
PUGLIA, P. J.
In this proceeding we are asked to decide whether a private citizen may institute and maintain a petition under the Lanterman-Petris-Short Act (LPS) (Welf. & Inst. Code, § 5000 et seq.) to appoint a conservator of the person when the county’s conservatorship investigation officer refuses to do so. We shall conclude that to permit such action by a private individual would violate the letter and spirit of LPS. We shall therefore order a writ of prohibition to issue barring respondent superior court from taking any further action in the underlying proceeding to appoint a…
2Cases cited10 opinions
- Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
- Wildlife Alive v. ChickeringCalifornia Supreme Court · 1976
- Conservatorship of RouletCalifornia Supreme Court · 1979
- People v. Municipal CourtCalifornia Court of Appeal · 1972
- Conservatorship of EarlyCalifornia Supreme Court · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. KarrikerCalifornia Court of Appeal · 2007
- San Diego County Health & Human Services Agency v. Martha P.California Court of Appeal · 2004
- People v. Lee C. (In re Estate of Lee C.), California Court of Appeal, 5th District2017
- San Diego County Department of Social Services v. CabanneCalifornia Court of Appeal · 1990
- Conservatorship of Lee C.California Court of Appeal · 2017
2 more not listed; retrieve them via the Exa API.