Tuesday, October 4, 2016

Munsingwear ...

La Mirada Neighborhood Assoc. of Hollywood v. City of LA, No B258033 (D2d7 Aug. 16, 2016)
Generally, an action that moots a controversy while an appeal is pending results only in the dismissal of the appeal. But when legislative or regulatory changes make a matter moot, sometimes it’s warranted to order the trial court to vacate the underlying judgment, such that the dismissal of the appeal doesn’t result in an automatic affirmance of a judgment whose legal legs had been cut out from under it. But the rule doesn’t apply when, like here, the government body that takes the action to moot the case is also the appellant. In those cases, dismissal of the appeal is all that’s warranted.

Appeal dismissed.

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