What is the test for dismissing an appeal when the appeal is moot?

California, United States of America


The following excerpt is from People v. W.M. (In re W.M.), E070172 (Cal. App. 2019):

It is well settled that this court's duty " 'is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it.' " (Paul v. Milk Depots, Inc. (1964) 62 Cal.2d 129,

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132; see In re Antoine D. (2006) 137 Cal.App.4th 1314, 1324 ["An appeal is moot, and should be dismissed, when any ruling by this court would not have practical impact or provide the parties effectual relief."].) "Moreover, ' "[A]n action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal in such a case would be without practical effect, and the appeal will therefore be dismissed." [Citation.]' " (People v. DeLong (2002) 101 Cal.App.4th 482, 486; see In re Sodersten (2007) 146 Cal.App.4th 1163, 1217.)

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