Higgins v. Yearwood CA2/5

Filed 9/10/21 Higgins v. Yearwood CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

TIMOTHY DANIEL HIGGINS, B306502

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. 18STRO05792)

STEVEN YEARWOOD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kimberly Dotson, Commissioner. Affirmed. Steven Yearwood, self-represented litigant, for Defendant and Appellant. Johnson & Johnson, Douglas L. Johnson and Aleeza L. Marashlian for Plaintiff and Respondent.

I. PROCEDURAL BACKGROUND

On August 31, 2018, plaintiff and respondent Timothy Higgins obtained a Civil Harassment Restraining Order After Hearing (restraining order) on behalf of himself and his brother Michael Higgins and against defendant and appellant Steven Yearwood. On February 19, 2020, defendant filed a Notice of Hearing on Request to Terminate Civil Harassment Restraining Order. On June 18, 2020, plaintiff filed a response to defendant’s request to terminate the civil harassment restraining order. On June 29, 2020, the trial court denied defendant’s request to terminate the restraining order. Defendant appeals.1

1 We asked the parties to submit letter briefs addressing whether defendant’s appeal should be dismissed as moot as the restraining order would expire on August 31, 2021—i.e., during the pendency of his appeal. (Citizens for the Restoration of L Street v. City of Fresno (2014) 229 Cal.App.4th 340, 362–363, fn. omitted [“An appeal is moot if the appellate court cannot grant practical, effective relief”].) We hold that defendant’s appeal is not moot because plaintiff filed a Request to Renew Restraining Order before the restraining order expired and the Notice of Hearing to Renew Restraining Order provides that the restraining order remains in effect until the hearing on plaintiff’s renewal request on September 20, 2021. On our own motion, we take judicial notice of plaintiff’s Request to Renew Restraining Order and Notice of Hearing to Renew Restraining Order. (Evid. Code, §§ 452, subd. (d) & 459, subd. (a).)