Can a moot claim be adjudicated on the merits of an appeal from here?

California, United States of America


The following excerpt is from Kemp v. Marissa S. (In re Estate of Marissa S.), F076036 (Cal. App. 2018):

82 Cal.App.4th 473, 479 (Cucamongans).) Since the order appealed from here has expired, resolving the issues presented would not confer any effective relief to the parties. There are three discretionary exceptions to the rule against adjudicating moot claims. A reviewing court may decide an appeal on the merits when: (1) the case presents an issue of broad public interest likely to recur; (2) when there can be a recurrence of the controversy between the parties; and (3) a material issue or question remains for the reviewing court's determination. (Santa Monica Baykeeper v. City of Malibu (2011) 193 Cal.App.4th 1538, 1547-1548; Cucamongans, supra, at pp. 479-480.)

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