Kerin v. Superior Court CA4/2

California Court of Appeal Jan 2, 2025 No. E084987Unpublished

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Holding. The court dismissed the petition for writ of mandate as moot because the parties reached a settlement in the underlying civil litigation, rendering the request for a stay of discovery and trial ineffective.

Issues

Whether a petition for writ of mandate challenging the denial of a stay in a civil matter remains justiciable after the parties settle the underlying case.

Disposition. Dismissed as moot

Quotations verified verbatim against the opinion

“The parties have since entered into a settlement agreement that resolved the civil matter. Both parties are now requesting that we dismiss the petition. We grant their request.”

“A case becomes moot when a court ruling can have no practical impact or cannot provide the parties with effective relief.”

“Therefore, in light of the parties’ settlement and request for dismissal of the action, we dismiss the petition as moot.”

Filed 1/2/25 Kerin v. Superior Court CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

MICHELLE MORRIS KERIN,

Petitioner, E084987

v. (Super.Ct.No. RIC2000688)

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

Respondent;

ANGEL RAMIREZ et al.,

Real Parties in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate and/or prohibition.

Carol A. Greene, Judge. Petition dismissed as moot.

Brown & Charbonneau, Gregory G. Brown, Mark M. Higuchi and Joseph M.

Dankert for Petitioner.

No appearance for Respondent.

Booth Law, Roger E. Booth, Carly L. Sanchez, and Hannah M. Nachef, for Real

Parties in Interest.

Petitioner Michelle Morris Kerin is alleged to have previously owned and operated

a group home for foster children in Riverside County. In April 2019, a 17-year-old who

suffered from cerebral palsy and other chronic medical conditions died while under

Kerin’s care. Following her death, the Riverside County District Attorney’s Office

Kerin v. Superior Court CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

MICHELLE MORRIS KERIN,

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

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