Gonzalez v. Kuerbiss CA4/1

Filed 1/24/14 Gonzalez v. Kuerbiss CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JONATHAN G. GONZALEZ, D063410

Plaintiff and Respondent,

v. (Super. Ct. No. DV036134)

JERALDIN KUERBISS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Christine

K. Goldsmith, Judge. Dismissed.

Jeraldin Kuerbiss, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Jeraldin Kuerbiss appeals from a one-year restraining order prohibiting her from

contacting her former boyfriend, Jonathan Gonzalez. In processing the appeal, we noted

the restraining order expired by its own terms on November 18, 2013. We solicited

supplemental briefs from the parties on whether the appeal is moot and should be

dismissed. Neither party responded.

Under well-established principles, this appeal is moot and must be dismissed. "If

relief granted by the trial court is temporal, and if the relief granted expires before an

appeal can be heard, then an appeal by the adverse party is moot." (Environmental