Thomson

Thomson v. Bacchus CA2/3

Good Law
Court of Appeal of CaliforniaJuly 7, 2014B244144California649 words

Opinion

Opinion

DISCUSSION

1. Mootness. a. General principles. Events occurring after a notice of appeal is filed can render the appeal moot and subject to dismissal on the court’s own motion. (City of Hollister v. Monterey Insurance Co. (2008) 165 Cal.App.4th 455, 479-480). An appeal is moot when the occurrence of an event makes it impossible for the appellate court to grant effective relief. (Eye Dog Foundation v. State Board of Guide Dogs for the Blind (1967) 67 Cal.2d 536, 541 (Eye Dog); Mercury Interactive Corporation v. Klein (2007) 158 Cal.App.4th 60, 77-78; Santa Monica Baykeeper v. City of Malibu (2011) 193 Cal.App.4th 1538, 1547.) Where the relief granted by the trial court is temporal and expires by the time the appeal can be heard, as here, the appeal may be rendered moot and subject to dismissal. (Environmental Charter High School v. Centinela Valley Union High School District (2004) 122 Cal.App.4th 139, 144.)

3 The policy behind the mootness doctrine is that courts decide actual controversies and normally will not render opinions that are merely advisory. (Ebensteiner Co., Inc. v. Chadmar Group (2006) 143 Cal.App.4th 1174, 1179.) But there are three discretionary exceptions to…

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