February 5, 2026
Court of Appeal of the State of California, Fourth Appellate District, Division Two
The Rule of Esparza v. The Superior Court of San Bernardino County is that incompetence to testify under Evidence Code section 701 may not be presumed from a prior grave disability finding under the LPS Act, under circumstances where a conservatorship has been established based on inability to provide for basic personal needs.
February 4, 2026
Court of Appeal of the State of California, First Appellate District, Division Two
The Rule of Conservatorship of A.B. is that a person may be found presently gravely disabled if clear and convincing evidence shows they lack insight into their mental illness and will not take medication necessary to provide for basic needs without a court order, under circumstances where the evidence demonstrates a longstanding pattern of decompensating when not under mandatory medication orders despite repeated cycles of hospitalization.