Mission Lakes Country Club v. Shack

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

E079858

California Court of Appeals, Fourth District, Second Division

January 19, 2024

NOT TO BE PUBLISHED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

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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.