Kathryn W. v. Christopher W. CA1/4

Good Law
Court of Appeal of CaliforniaDecember 31, 2025A173605California394 words

Opinion

Opinion

DISCUSSION

An appeal becomes moot when an actual controversy that once was ripe no longer exists due to a change in circumstances. (Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal.App.4th 1559, 1573.) In assessing mootness, “[t]he pivotal question . . . is . . . whether the court can grant the plaintiff any effectual relief.” (Id. at p. 1574.) If events have made such relief impracticable, the controversy has become moot. (Ibid.) Plaintiff filed a request for a DVRO on April 29, 2025, for herself and her child, and she sought a DVTRO along with this request. The court denied the request for a DVTRO pending a noticed hearing because “[t]he facts given in the request (form DV-100) do not show reasonable proof of a past act or acts of abuse.” On May 29, 2025, plaintiff filed a second request for a DVRO for herself and her child, and she also sought a DVTRO. On May 30, 2025, the court filed an application to commence juvenile dependency proceedings for the parties’ child. The court denied the second DVTRO pending a noticed hearing that same day because of the referral to child welfare services. A juvenile dependency proceeding was initiated, and the court dismissed…

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