What is the test for a motion for declaratory relief when the claim is moot?

California, United States of America


The following excerpt is from City of San Bernardino v. Ye, D076196 (Cal. App. 2020):

justiciable controversy, but not where the dispute is moot, or only hypothetical or academic." (City of Burbank v. Burbank-Glendale-Pasadena Airport Authority (2003) 113 Cal.App.4th 465, 481.) Where questions presented by an action for declaratory relief are, or have become, moot, a court has no duty to proceed to determine rights and duties of the parties and the action should be dismissed. (Pittenger v. Home Sav. & Loan Asso. Los Angeles (1958) 166 Cal.App.2d 32, 36.)

2. Application

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