Berkes
Berkes v. San Diego Foreclosure Services, Inc. CA4/1
Opinion
Opinion
Rourke, J.
DISCUSSION
" ' "[T]he duty of this court, as of every other judicial tribunal, is to decide actual
controversies by a judgment which can be carried into effect, and not to give opinions
upon moot questions or abstract propositions, or to declare principles or rules of law
which cannot affect the matter in issue in the case before it." ' [Citation.] . . . 'It
necessarily follows that when, pending an appeal from the judgment of a lower court, and
without any fault of the defendant, an event occurs which renders it impossible for this
court, if it should decide the case in favor of plaintiff, to grant him any effectual relief
whatever, the court will not proceed to a formal judgment, but will dismiss the appeal.' "
(Eye Dog Foundation v. State Bd. of Guide Dogs for Blind (1967) 67 Cal.2d 536, 541;
see In re Esperanza C. (2008) 165 Cal.App.4th 1042, 1054; La Jolla Cove Motel and
Hotel Apartments, Inc. v. Superior Court (2004) 121 Cal.App.4th 773, 781.) "The policy
3 behind a mootness dismissal is that 'courts decide justiciable controversies and will
normally not render advisory opinions.' " (Giraldo v. Department of Corrections…