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L.A. Cnty. Dep't of Children & Family Servs. v. L.E. (In re Joseph L.)

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN
Feb 10, 2020
B297593 (Cal. Ct. App. Feb. 10, 2020)

Opinion

B297593

02-10-2020

In re JOSEPH L. et al., Persons Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. L.E., Defendant; JOSEPH L. et al., Minors, Appellants.

Marissa Coffey, under appointment by the Court of Appeal, for Minors and Appellants. Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, and Veronica Randazzo, Deputy County Counsel, for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. DK03479) APPEAL from an order of the Superior Court of Los Angeles County, Steven E. Ipson, Juvenile Court Referee. Dismissed. Marissa Coffey, under appointment by the Court of Appeal, for Minors and Appellants. Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, and Veronica Randazzo, Deputy County Counsel, for Plaintiff and Respondent.

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Joseph L. and Alyssa L. (Minors) appeal from the juvenile court's March 27, 2019 order granting the petitions filed by L.E. (Mother) under Welfare and Institutions Code section 388 requesting reinstatement of Mother's family reunification services. Minors contend the juvenile court abused its discretion in granting Mother six additional months of reunification services. While Minors' appeal was pending, the juvenile court on January 15, 2020 terminated Mother's reunification services and set a permanency planning hearing for May 14, 2020 (§ 366.26).

Further undesignated statutory references are to the Welfare and Institutions Code.

On May 12, 2014 Mother pleaded no contest to the allegations in count b-2 of the first amended petition that Mother was convicted of vandalism in 2012 and burglary in 2013 and her "inappropriate expression of anger and her criminal activities endanger the children and place them at substantial risk of physical harm." The juvenile court sustained the b-2 allegation and declared Joseph and Alyssa dependents of the court under section 300, subdivision (b)(1). After three years of further proceedings, on April 11, 2017 the juvenile court terminated Mother's reunification services. On March 13, 2018 Mother filed section 388 petitions (one for each child) requesting reinstatement of her reunification services. The juvenile court's March 27, 2019 grant of the petitions is the subject of this appeal.

On our own motion we take judicial notice of the January 15, 2020 minute orders. (Evid. Code, § 452, subd. (d).) Consideration of postjudgment evidence is appropriate when the later orders are relevant to a motion to dismiss an appeal or to determine whether the evidence renders the appeal moot. (In re Josiah Z. (2005) 36 Cal.4th 664, 676 ["appellate courts routinely consider limited postjudgment evidence" for motions to dismiss]; In re N.S. (2016) 245 Cal.App.4th 53, 58 [appellate court may consider postappeal rulings that affect its ability to grant effective relief].)

We invited the parties to file supplemental letter briefs addressing whether the juvenile court's January 15, 2020 orders rendered this appeal moot. In their supplemental briefs, Minors and the Los Angeles County Department of Children and Family Services agree the appeal has been rendered moot because we cannot grant Minors effective relief. We dismiss Minors' appeal as moot. (In re J.P. (2017) 14 Cal.App.5th 616, 623 [A dependency appeal "'"becomes moot when, through no fault of the respondent, the occurrence of an event renders it impossible for the appellate court to grant the appellant effective relief."'"]; In re N.S. (2016) 245 Cal.App.4th 53, 61 [mother's appeal moot where juvenile court awarded her custody of minor and dismissed dependency proceedings].)

Mother has not appeared in the appeal. --------

DISPOSITION

The appeal is dismissed.

FEUER, J. We concur:

ZELON, Acting P. J.

SEGAL, J.


Summaries of

L.A. Cnty. Dep't of Children & Family Servs. v. L.E. (In re Joseph L.)

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN
Feb 10, 2020
B297593 (Cal. Ct. App. Feb. 10, 2020)
Case details for

L.A. Cnty. Dep't of Children & Family Servs. v. L.E. (In re Joseph L.)

Case Details

Full title:In re JOSEPH L. et al., Persons Coming Under the Juvenile Court Law. LOS…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

Date published: Feb 10, 2020

Citations

B297593 (Cal. Ct. App. Feb. 10, 2020)