State Department of State Hospitals v. D.B. CA5

California Court of Appeal Oct 28, 2025 No. F088542Unpublished

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Holding. The court dismissed the appeal as moot because the challenged order authorizing the involuntary administration of antipsychotic medication had expired by its own terms, and the appellant failed to demonstrate that the case warranted an exception to the mootness doctrine.

Issues

Whether an appeal from an expired order authorizing the involuntary administration of antipsychotic medication is moot.
Whether a sufficiency of the evidence challenge to an expired involuntary medication order qualifies for discretionary review under an exception to the mootness doctrine.

Disposition. dismissed

Quotations verified verbatim against the opinion

“The involuntary medication order, however, expired while this appeal was pending, and we therefore dismiss this appeal as moot.”

“D.B. has failed to identify an issue justifying the exercise of our discretion to decide a moot appeal on the merits.”

Filed 10/28/25 State Department of State Hospitals v. D.B. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

STATE DEPARTMENT OF STATE HOSPITALS, F088542

Plaintiff and Respondent, (Super. Ct. No. 24CRAD687451)

v. OPINION D.B.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Amy K. Guerra, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Cheryl L. Feiner, Assistant Attorney General, Gregory D. Brown, and Truman S. Braslaw, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Peña, J. and Snauffer, J.

Appellant, D.B., an individual admitted to the State Department of State Hospitals (DSH) at Coalinga (DSH-Coalinga) under the Sexually Violent Predator Act (SVPA) (Welf. & Inst. Code,1 § 6600 et seq.), appeals the trial court’s order authorizing the involuntary treatment of D.B. with antipsychotic medications. D.B. contends substantial evidence does not support the court’s finding he lacked the capacity to make his own medical decisions. The involuntary medication order, however, expired while this appeal was pending, and we therefore dismiss this appeal as moot. FACTUAL AND PROCEDURAL SUMMARY D.B. was admitted to DSH-Coalinga as a sexually violent predator (SVP)2 in October 2023. DSH-Coalinga began administering involuntary antipsychotic medication3 to D.B. following an in-house panel held on February 12, 2024, and a second in-house panel on February 26, 2024, pursuant to California Code of Regulations, title 9, section 4210. On June 24, 2024, DSH-Coalinga filed a petition for an order to involuntarily administer antipsychotic medications to D.B. pursuant to In re Calhoun (2004) 121 Cal.App.4th 1315 and section 5300. The petition specified D.B. was diagnosed with unspecified bipolar and related disorder. His symptoms included auditory and visual hallucinations, paranoid delusions, bizarre behavior, responding to internal stimuli, irritable behavior, aggressive behavior, hyper religiosity, and sexually inappropriate

State Department of State Hospitals v. D.B. CA5

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STATE DEPARTMENT OF STATE HOSPITALS, F088542

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