Is an appeal from a judgment of a lower court moot?

California, United States of America


The following excerpt is from San Diego Cnty. Health & Human Servs. Agency v. R.D. (In re L.H.), D072809 (Cal. App. 2018):

" ' "[W]hen, pending an appeal from the judgment of a lower court, and without any fault of the defendant, an event occurs which renders it impossible for [the appellate] court, if it should decide the case in favor of plaintiff, to grant him any effectual relief whatever," ' the appeal is moot." (Californians for an Open Primary v. McPherson (2006) 38 Cal.4th 735, 783 (Californians for an Open Primary).)8 However, "if an appeal is technically moot, but 'there may be a recurrence of the same controversy between the parties and the parties have fully litigated the issues,' a reviewing court may

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