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In re Jay J.

California Court of Appeals, Fourth District, Third Division
Apr 29, 2008
No. G039516 (Cal. Ct. App. Apr. 29, 2008)

Opinion

NOT TO BE PUBLISHED

Appeal from an order of the Superior Court of Orange County No. DP015735, John C. Gastelum, Judge.

Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant.

Benjamin P. de Mayo, County Counsel, and Karen L. Christensen, Deputy County Counsel, for Plaintiff and Respondent.


OPINION

ARONSON, ACTING P. J.

Zachary M. appeals from the juvenile court’s jurisdictional and dispositional orders concerning Jay J., who is now 10 months old. Orange County Social Services Agency (SSA) alleged Zachary was Jay’s father. The juvenile court sustained jurisdiction over Jay because his mother and Zachary faced unresolved problems with methamphetamine, neither protected Jay from the other’s substance abuse, and neither arranged suitable care for Jay upon incarceration. (Welf. & Inst. Code, § 300, subds. (b) & (g); all further undesignated section references are to this code, unless otherwise noted.) Based on postjudgment DNA evidence showing he is not Jay’s father, Zachary asks that the allegations the juvenile court sustained concerning him be stricken. SSA similarly requests that we take judicial notice the juvenile court has granted SSA’s modification petition (§ 388) to strike Zachary from the original dependency petition and substitute an amended petition naming only Jay’s mother, not Zachary. We grant SSA’s request for judicial notice. (Evid. Code, §§ 452, 459.) Because the section 388 petition demonstrates Zachary has obtained the relief he sought on appeal, his appeal is moot and we therefore dismiss it.

WE CONCUR: FYBEL, J., IKOLA, J.


Summaries of

In re Jay J.

California Court of Appeals, Fourth District, Third Division
Apr 29, 2008
No. G039516 (Cal. Ct. App. Apr. 29, 2008)
Case details for

In re Jay J.

Case Details

Full title:In re JAY J., a Person Coming Under the Juvenile Court Law. ORANGE COUNTY…

Court:California Court of Appeals, Fourth District, Third Division

Date published: Apr 29, 2008

Citations

No. G039516 (Cal. Ct. App. Apr. 29, 2008)