Does an appeal from an order denying an injunction to prevent the foreclosure sale of a home be dismissed as moot?

California, United States of America


The following excerpt is from Billesbach v. Specialized Loan Servicing LLC, 278 Cal.Rptr.3d 213, 63 Cal.App.5th 830 (Cal. App. 2021):

13 Appellant additionally seeks to challenge the denial of his ex parte application to enjoin the recording of the foreclosure sale. But given that the foreclosure sale was recorded in March 2017, this challenge is moot. (See City of Cerritos v. State of California (2015) 239 Cal.App.4th 1020, 1031, 191 Cal.Rptr.3d 611 ["An appeal from an order denying an injunction may be dismissed as moot if the act sought to be enjoined is performed while the appeal is pending"]; County of Los Angeles v. Butcher (1957) 155 Cal.App.2d 744, 746, 318 P.2d 838 ["Whether an injunction restraining the sale of real property should be granted becomes a moot question on appeal where in the meantime the property has been sold"].)

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