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Mission Lakes Country Club v. Shack

California Court of Appeals, Fourth District, Second Division
Jan 19, 2024
No. E079858 (Cal. Ct. App. Jan. 19, 2024)

Opinion

E079858

01-19-2024

MISSION LAKES COUNTRY CLUB, Plaintiff and Respondent, v. VINCENT SHACK, Defendant and Appellant.

Vincent Shack, in pro. per., for Defendant and Appellant. Schlecht, Shevlin &Shoenberger and Ulrich R. McNulty for Plaintiff and Respondent.


NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County No. CVPS2202445 . Arthur C. Hester, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Dismissed as moot.

Vincent Shack, in pro. per., for Defendant and Appellant.

Schlecht, Shevlin &Shoenberger and Ulrich R. McNulty for Plaintiff and Respondent.

OPINION

RAMIREZ P. J.

This is an appeal from a workplace violence restraining order. (Code Civ. Proc., § 527.8.) The restraining order at issue was entered on September 1, 2022, and expired on September 1, 2023. We take judicial notice that no application to extend or renew the restraining order or to issue a new restraining order has been filed. We also take judicial notice that respondent has not accused appellant of violating the restraining order and has not sought to have him held in contempt or otherwise sanctioned.

"Ordinarily, an appeal from an expired restraining order is moot because the appellate court cannot grant any effective relief from an expired order." (San Diego Police Department v. Geoffrey S. (2022) 86 Cal.App.5th 550, 564.) It does not appear that the restraining order here will have any continuing adverse effects. And this case does not present any issue of continuing public interest that is likely to recur but evade review. (Cf. Renita S. v. Superior Court (1994) 29 Cal.App.4th 553, 555.)

Accordingly, the appeal is dismissed.

We concur: McKINSTER J. FIELDS J.


Summaries of

Mission Lakes Country Club v. Shack

California Court of Appeals, Fourth District, Second Division
Jan 19, 2024
No. E079858 (Cal. Ct. App. Jan. 19, 2024)
Case details for

Mission Lakes Country Club v. Shack

Case Details

Full title:MISSION LAKES COUNTRY CLUB, Plaintiff and Respondent, v. VINCENT SHACK…

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

Date published: Jan 19, 2024

Citations

No. E079858 (Cal. Ct. App. Jan. 19, 2024)