In re K.C. CA2/4

California Court of Appeal Nov 13, 2023 No. B324134Unpublished

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Holding. The court dismissed the father's appeal of the original jurisdictional findings as moot because a subsequent, unappealed petition independently established jurisdiction over the children based on new facts.

Issues

Whether an appeal of original jurisdictional findings is rendered moot by a subsequent, unappealed petition establishing jurisdiction on independent grounds.
Whether the court should exercise its inherent discretion to review a moot appeal in a dependency proceeding.

Disposition. Dismissed as moot.

Quotations verified verbatim against the opinion

“His appeal, however, has been rendered moot by a subsequent petition independently establishing jurisdiction over the children, which father did not appeal.”

“Therefore, the appeal is dismissed as moot.”

Filed 11/13/23 In re K.C. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re K.C. et al., Persons Coming B324134 Under the Juvenile Court Law. ______________________________ (Los Angeles County Super. Ct. No. 22CCJP02699A-C) Los Angeles County Department of Children and Family Services,

Plaintiff and Respondent,

R.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tara L. Newman, Judge. Dismissed as moot. Seth F. Gorman, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Veronica Randazzo, Deputy County Counsel, for Plaintiff and Respondent.

____________________________

Father, R.M., appeals from the juvenile court’s jurisdiction and disposition orders finding his children, K.C. (born July 2005), Ra.M. (born May 2013), and Be.M. (born February 2015) (collectively, the children) to be persons described by Welfare and Institutions Code section 300.1 Father argues that the evidence did not support the jurisdictional findings. His appeal, however, has been rendered moot by a subsequent petition independently establishing jurisdiction over the children, which father did not appeal. We decline to exercise our inherent discretion to reach the merits. Therefore, the appeal is dismissed as moot.

FACTUAL AND PROCEDURAL BACKGROUND A. Original Section 300 Petition In May 2022, the Los Angeles County Department of Children and Family Services (Department) received a referral indicating father arrived at the family home intoxicated from alcohol. As the family was preparing to leave the house that morning, Father and K.C. had an argument. Father punched K.C.’s face with a closed fist, causing her glasses to fall off, because he thought she disrespected him. Ra.M. and Be.M. were in a car about 20 feet away when the incident occurred. After nonparty mother intervened, father left the home. Mother then

In re K.C. CA2/4

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

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