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In re Ashleigh B.

Court of Appeal of California
Sep 3, 2008
C058402 (Cal. Ct. App. Sep. 3, 2008)

Opinion

C058402

9-3-2008

In re ASHLEIGH B., a Person Coming Under the Juvenile Court Law. EL DORADO COUNTY DEPARTMENT OF HUMAN SERVICES, Plaintiff and Respondent, v. ALEXANDER B., Defendant and Appellant.

Not to be Published


Appellant Alexander B. (father), father of Ashleigh B. (the minor), appeals from an order adjudging the minor a dependent child and continuing removal from appellants custody despite return of the minor to the home under the mothers custody and care. (Welf. & Inst. Code, §§ 360, 361, 395.)

Appellant contends (1) the dispositional order removing the minor from appellants custody exceeds the juvenile courts jurisdiction; (2) there was insufficient evidence to support the courts exercise of jurisdiction over the minor; and (3) the requirement that appellant undergo drug testing was unreasonable.

We take judicial notice of the juvenile courts findings and orders of August 6, 2008 (Evid. Code, §§ 452, subd. (d), 459), which reflect that the juvenile court subsequently terminated supervision, terminated dependency jurisdiction and dismissed the petition in this matter, rendering the issues raised on appeal moot. (See People v. Herrera (2006) 136 Cal.App.4th 1191, 1198 ["[a]n action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal in such a case would be without practical effect, and the appeal will therefore be dismissed"]; see also In re Robert A. (1992) 4 Cal.App.4th 174, 182.)

DISPOSITION

The appeal is dismissed.

We concur:

DAVIS, Acting P.J.

NICHOLSON, J.


Summaries of

In re Ashleigh B.

Court of Appeal of California
Sep 3, 2008
C058402 (Cal. Ct. App. Sep. 3, 2008)
Case details for

In re Ashleigh B.

Case Details

Full title:In re ASHLEIGH B., a Person Coming Under the Juvenile Court Law. EL DORADO…

Court:Court of Appeal of California

Date published: Sep 3, 2008

Citations

C058402 (Cal. Ct. App. Sep. 3, 2008)