Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. MH103599, Frederick Maguire, Judge.
McCONNELL, P. J.
Gail B. appeals the judgment establishing a conservatorship of her person under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.). Gail did not attend the March 26, 2009 hearing. Her appointed attorney stated he had advised Gail of her rights and the nature, purpose and consequences of a conservatorship; Gail consented to the conservatorship; and she waived her right to be present. On May 19 Gail filed a declaration stating the attorney had not advised her of all of her rights and all of the consequences of a conservatorship. Gail's appointed appellate counsel and respondent's counsel have filed a stipulation for reversal of the judgment, remand for a new conservatorship hearing and immediate issuance of the remittitur. We accept the stipulation.
DISCUSSION
"An appellate court shall not reverse or vacate a duly entered judgment upon an agreement or stipulation of the parties unless the court finds both of the following: [¶] (A) There is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal. [¶] (B) The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement." (Code Civ. Proc., § 128, subd. (a)(8).)
Our independent review of the record leads us to conclude we should accept the stipulation. First, there is no reasonable possibility that reversal will adversely affect the interests of nonparties or the public. Gail is not a danger to others. Second, the parties request reversal so they will be placed "in the same position they would be in if Appellant's appeal were prosecuted to successful completion and resulted in a reversal." Because accepting the stipulation will allow Gail the hearing to which she is entitled and requests, and will save time and expenditure of public funds, the public trust will not be eroded. There is no risk of reducing any incentive for pretrial settlement.
DISPOSITION
The judgment is reversed. The case is remanded to the superior court for a new conservatorship hearing after proper advisals and notice. The remittitur is to issue forthwith. (Cal. Rules of Court, rule 8.272(c)(1).)
WE CONCUR: McINTYRE, J., IRION, J.