What is a LPS mental health conservatorship?

Useful Rulings on LPS Mental Health Conservatorship

Recent Rulings on LPS Mental Health Conservatorship

CONSERVATORSHIP OF KAREN MANNING

Petitioner must explain why this Petition is more desirable than similar relief under the LPS Act in case number 18CR05714. The proposed temporary conservatee is not expected to attend the hearing.

  • Hearing

DAD V. SCHWARTZ

The Lanterman-Petris-Short Act governs the involuntary treatment of the mentally ill in California. (Conservatorship of Susan T. (1994) 8 Cal.4th 1005, 1008.) Under its provisions, an individual may be brought to an appropriate facility for an evaluation if there is “probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled.” (Welf. & Inst. Code, § 5150.)

  • Hearing

ROBABEH AFSARI VS. ALEXANDER EVEREST, ET AL

Mountain Recovery, LLC has failed to show Defendant Everest and all members and partners of the LLCs and LPs were properly and timely served with the instant motion. Mountain Recovery, LLC filed a proof of service showing Defendant Everest was served with the instant motion, via electronic mail, on September 29, 2020. However, Mountain Recovery, LLC failed to submit a proof of service showing Defendant Everest and the members/partners of the LLC’s and LP’s were personally served with the instant motion.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KEMISOLA TAIWO VS ELWYN (A CORPORATION OF UNKNOWN ORIGIN)

The subject SIR, Daily Progress Notes, Medical Administration Record, and Physician’s Orders concerning Patient X are confidential and protected from disclosure under federal and state privacy laws including the Federal Health Insurance Portability and Accountability Act of 1996, Public Law 1-4-191 (HIPAA), the California Confidentiality of Medical Information Act (CMIA), and the Lanterman Act.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

JIMI MCDANOUGH FURLANO ET AL VS CANYON RIDGE HOSPITAL INC

Immunity under Lanterman-Petris-Short Act, Welfare and Institutions Code §§ 5000 et seq. (“LPS Act”) “ ‘Under the LPS Act, a person who is dangerous or gravely disabled due to a mental disorder may be detained for involuntary treatment. However, in accordance with the legislative purpose of preventing inappropriate, indefinite commitments of mentally disordered persons, such detentions are implemented incrementally. [Citation.]

  • Hearing

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

TORTORICE VS SHARP MEMORIAL HOSPITAL

Plaintiff asserts that he does not claim negligence per se under the Lanterman-Petris-Short Act ("Act"), which he acknowledges does not provide a private right of action, but that the Act can be enforced through common law and statutory causes of action. Defendants assert that Plaintiff is changing the theory of liability, which is not permitted. (California Bank & Trust v. Lawlor (2013) 222 Cal.App.4th 625, 637, fn. 3.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

EMMA ASHCRAFT VS. CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES

Given her diagnosis, she receives services and supports pursuant to the Lanterman Developmental Disabilities Services Act (Lanterman Act). The Lanterman Act is a comprehensive statutory scheme to provide training, services, and supports for persons with developmental disabilities. (See Welf. & Inst.

  • Hearing

EVELYNE KRIEG, ET AL. VS B.V. GENERAL, INC. , ET AL.

The Supreme Court reviewed the role of regional centers under the Lanterman Act and concluded that such centers have limited nondelegable duties in such cases: “However, the Court of Appeal inflated Harbor's role in coordinating Bobby's care beyond all recognition by holding Harbor had a nondelegable duty to provide Bobby's care itself, or to closely monitor Pacific Home's provision of Bobby's care.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

STAPLETON VS SCRIPPS MEMORIAL HOSPITAL ENCINITAS

Scripps also relies on Defendant Kemper's right to privacy under the California Constitution, Evidence Code § 994 physician-patient privilege; Evidence Code § 1014 psychotherapist-patient privilege; the LPS Act/Welfare & Institutions Code § 5328. It is undisputed that Defendant Kemper was in custody at Scripps Health on a Welfare & Institutions Code § 5150 hold.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

CHRISTIAN V. PRICE

He also alleges that defendants violated and failed to follow California Code of Regulations, Title 9, sections 880 to 884, which deal with non- Lanterman-Petris Act patients’ rights. (Ibid.) To the extent that plaintiff seeks to state a claim for violation of the Fifth Amendment to the United States Constitution’s due process clause, however, plaintiff cannot state a claim against Price because Price is not a federal employee, but rather a state employee.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

WILLIAM M. DORFMAN DDS VS PATTI CANTOR ET AL

Section 5330 creates a private right of action for damages against an individual who has willfully and knowingly released confidential information or records in violation of Chapter 2 of the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.) or Chapter 1 (commencing with section 11860) of Part 3 of Division 10.5 of the Health and Safety Code.

  • Hearing

JOSEFA URIOSTEGUI VS AMERICAN IRON & METAL, ET AL.

# 11. Josefa Uriostegui v. American Iron & Metal, et al. Case No.: 19STCV17793 Matter on calendar for: Motion to be Admitted Pro Hac Vice Tentative ruling: Plaintiff Josefa Uriostegui worked as a lab technician at Elite Optical Company from 1987 through 2017. During that time, she performed various tasks such as blocking, grinding, ...

  • Hearing

  • County

    Los Angeles County, CA

ERIC MALL VS NORTH COUNTY REGIONAL CENTER

Regional Centers NLACRC is one of 21 regional centers in California, which are established and operate pursuant to the Lanterman Developmental Disabilities Services Act (Welf. & Inst. Code[2] §4500 et seq.) (“Lanterman Act”). Regional centers are private, non-profit corporations under contract with the Department of Developmental Services (“DDS”) to serve as local points of contact for individuals and families eligible to receive regional center services. §4620 et seq.

  • Hearing

MEHRAN JAVAHERIAN VS FARID MORADI

Defendants argue “the only issues presented by Plaintiff in the MSJ for adjudication were whether Moradi’s capital call request was justified and whether his requests to the LPs’ members was necessary.” Defendants argue this court should not have granted summary judgment based on a finding that the capital call funding was not a condition precedent for payment of the LP investment, as this argument was raised for the first time in plaintiff’s reply.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

CONSERVATORSHIP OF JAIME CORONA

PETITION FOR APPOINTMENT OF LPS CONSERVATOR APPEARANCE REQUIRED CIVIL LAW & MOTION CALENDAR – Hon. Monique Langhorne, Dept. B

  • Hearing

ROBBIE DAVON WOODSON VS SHARON OLDHAM, ET AL.

AFTER REVIEW OF THE COURT FILE, THE COURT MAKES THE FOLLOWING ORDER: Department 2 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented. AT THE DIRECTION OF DEPARTMENT 1: This case is hereby transferred and reassi...

  • Hearing

GARDNER V. CITY OF COSTA MESA, ET AL.

Hospital contends Plaintiff was escorted to Hospital, a 24-hour acute care hospital authorized to detain a person for 72-hour treatment and evaluation pursuant to the Lanterman–Petris–Short Act (Welf. & Inst. Code, § 5000, et seq.), and Hospital is statutorily immune from Plaintiff’s cause of action for false imprisonment. The Lanterman-Petris-Short Act governs the involuntary treatment of the mentally ill in California. (Conservatorship of Susan T. (1994) 8 Cal.4th 1005, 1008.)

  • Hearing

CONSERVATORSHIP OF JOSE BRAVO CONTRERAS

PETITION FOR RENEWAL OF APPOINTMENT OF LPS CONSERVATOR APPEARANCE REQUIRED

  • Hearing

ROBERT S MARKMAN VS COLLEGE HOSPITAL GROUP INC ET AL

The FAC alleges that CHG did not comply with the provisions of the Lanterman-Petris-Short Act (“5150”), specifically, because it failed to advise Markman in writing of his right to request to be evaluated or treated by a mental professional of his choice at a facility of his choice. (FAC ¶¶ 3–4.) Markman also alleges that CHG failed to train its admission staff to provide this advisement. (FAC ¶ 4.)

  • Hearing

CONSERVATORSHIP OF MARY TRUE

PETITION FOR APPOINTMENT OF LPS CONSERVATOR APPEARANCE REQUIRED CIVIL LAW & MOTION CALENDAR – Hon. Monique Langhorne, Dept. B Accredited Surety and Casualty Company, Inc. v.

  • Hearing

IN RE: CONSERVATORSHIP OF FINDLEY

Findley first argues that the Lanterman-Petris-Short Act (the “LPS” Act) emphasizes the preferences given to family members to act in the best interest of families, and that the appointment of a conservator is subject to a list of priorities set forth in Probate Code section 1812, which favors family members. Findley argues that until family members are found unable, unwilling, or unfit to serve as conservators, the Department does not have standing to petition.

  • Hearing

JOSEFA URIOSTEGUI VS AMERICAN IRON & METAL, ET AL.

# 8. Josefa Uriostegui v. American Iron & Metal, et al. Case No.: 19STCV17793 Matter on calendar for: Demurrer to FAC (x5); Motion to Strike (x6) Tentative ruling: Background Plaintiff Josefa Uriostegui worked as a lab technician at Elite Optical Company from 1987 through 2017. During that time she performed various tasks such a...

  • Hearing

  • Judge

    Salvatore Sirna or Gary Y. Tanaka

  • County

    Los Angeles County, CA

CONSERVATORSHIP OF RYAN ROBERT TRUMBLE

PETITION FOR APPOINTMENT OF LPS CONSERVATOR APPEARANCE REQUIRED

  • Hearing

CONSERVATORSHIP OF RYAN ROBERT TRUMBLE

PETITION FOR APPOINTMENT OF LPS CONSERVATOR APPEARANCE REQUIRED

  • Hearing

CONSERVATORSHIP OF JONATHAN BERNARD

PETITION FOR APPOINTMENT OF LPS CONSERVATOR APPEARANCE REQUIRED

  • Hearing

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