## Facts

- Stewart Kayle was appointed conservator of the person and estate of his father, Jerry Kayle, who had dementia and lived at Woodland Park Retirement Hotel (Woodland Park).
- Before Stewart’s appointment, William Remery acted as Jerry’s attorney.
- Stewart alleged Woodland Park failed to supervise Jerry, resulting in Jerry being injured; Stewart removed Jerry from Woodland Park and placed him in another care setting.
- Jerry was later hospitalized. Stewart alleged Woodland Park staff checked Jerry out of the hospital and returned him to Woodland Park without Stewart’s consent.
- Stewart alleged Remery, despite knowing Jerry was mentally incompetent and subject to the conservatorship, claimed he remained Jerry’s attorney and represented that Jerry was competent to decide to leave the hospital and return to Woodland Park.
- Stewart also alleged Woodland Park subjected Jerry to medical examinations without Jerry’s consent.
- After Jerry’s death, Stewart sued Remery, alleging Remery conspired with Woodland Park to abduct and falsely imprison Jerry, physically abuse him, and intentionally inflict emotional distress, and that Remery neglected Jerry by breaching duties owed as Jerry’s attorney.
- The probate court dismissed Stewart’s claims without holding a hearing. Stewart appealed.

## Issues

1. Whether the probate court supervising a conservatorship has authority to adjudicate a conservator’s tort and elder-abuse-related claims for damages against third parties arising from the conservatee’s care and custody.
2. Whether the probate court may dismiss such claims on its own motion, without notice or an opportunity to be heard, based on the view that the case belongs in a general civil department or that the pleading would be subject to demurrer.

## Decision

- The Court of Appeal reversed the probate court’s dismissal and remanded for further proceedings.
- The court held the probate court had authority to hear the conservator’s claims arising from alleged mistreatment of the conservatee while the conservatorship was pending.
- The court held the probate court erred by dismissing the claims sua sponte without notice or a hearing.

## Legal Principles

- A superior court sitting in probate while supervising a conservatorship may hear civil claims brought by the conservator on the conservatee’s behalf when the claims arise from matters affecting the conservatee’s person or estate.
- The fact that the claims seek tort damages (including, where authorized, punitive damages) does not by itself require the conservator to proceed only in a separately assigned general civil department.
- Departmental assignment within a single superior court is an internal administrative matter and does not limit the superior court’s subject-matter authority over the dispute.
- A trial court generally may not dispose of a complaint on its own motion without providing notice and an opportunity to be heard; it may not effectively rule on demurrer-type objections through an ex parte, nonappearance dismissal.

## Conclusion

The Court of Appeal held that the probate court overseeing Jerry Kayle’s conservatorship could adjudicate Stewart Kayle’s damages claims against William Remery arising from alleged mistreatment and custody-related conduct, and that the probate court’s sua sponte dismissal without notice or hearing required reversal and remand.


In re Conservatorship of Person and Estate of Kayle, 2006 WL 3378032 (2006)