Conservatorship of A.G. CA6

California Court of Appeal Jul 31, 2014 No. H037966MUnpublished

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Holding. The court dismissed the appeal as moot because the challenged conservatorship had expired by operation of law, and the court declined to exercise its discretion to reach the merits of the fact-intensive issues presented.

Issues

Whether an appeal challenging a reappointment of an LPS conservatorship is moot after the conservatorship has expired by operation of law.
Whether the court should exercise its discretion to reach the merits of a moot appeal involving LPS conservatorship procedures.

Disposition. dismissed

Quotations verified verbatim against the opinion

“For the reasons stated here, we will dismiss the appeal as moot.”

“While this case originally presented a live controversy, the expiration of the challenged conservatorship eliminated our ability to provide effectual relief to the parties, thereby rendering the appeal moot.”

“The appeal is dismissed as moot.”

Filed 7/31/14 Conservatorship of A.G. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

Conservatorship of Person of A.G. H037966 (Santa Clara County Super. Ct. No. MH035405)

ORDER DONALD MOODY, as Public Guardian etc.,

Petitioner and Respondent,

A.G.,

Objector and Appellant.

The above-captioned opinion, which was filed on July 11, 2014, is hereby modified as follows: On page 3, the third sentence of the first paragraph of part II is modified to read: Conservatee acknowledges this appeal may be “technically” moot but urges us to exercise our discretion to reach the merits because “the issues raised in this appeal are important and extend beyond the terminated conservatorship.”

There is no change in the judgment. The petition for rehearing is denied.

____________________________________ Grover, J.

____________________________ Premo, Acting P.J.

____________________________ Mihara, J.

Filed 7/11/14 Conservatorship of Person of A.G. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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.

Conservatorship of A.G. CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

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