Marriage of Gallegos CA4/1

Good Law
Court of Appeal of CaliforniaJuly 24, 2015D065839California2,707 words

Opinion

Opinion

Mcintyre, J.

DISCUSSION

I. Mootness

The protective order in this case expired on its own terms on February 3, 2015.

Thus, we requested letter briefs from the parties addressing whether the appeal should

be dismissed as moot. Laudente argues this Court should consider the merits of his

appeal because the restraining order continues to damage him as it prevents him from

obtaining employment with a law enforcement agency and will adversely impact him

in future court proceedings. Because the protective order may impact Laudente in the

future, we exercise our discretion to consider the merits of his appeal. Brittany did not

file a respondent's brief in this case and did not respond to our request for a letter brief

on the issue of whether the appeal is moot.

Laudente also requested that we take judicial notice of: (1) an Amended Order

of Termination and Charges from the San Diego County Sheriff's Department, which

terminated Laudente's employment as a deputy sheriff, and (2) the County of San

Diego Civil Service Commission's decision affirming his termination. Because

Brittany did not respond to Laudente's appeal or oppose the request for judicial…

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