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Malatka v. Helm (Cal. Ct. App. - Sept. 29, 2010)

By Shaun Martin

There are several downsides to the California judiciary's practice of writing opinions prior to oral argument.  Least among them -- but still worth mentioning -- is the fact that justices are, not surprisingly, often reluctant to dismiss an appeal as moot (even if it's precisely that) once an entire opinion has already been written.

It happens again today.

The appeal is moot because the restraining order of which appellant complains has already expired.  But counsel only let the Court of Appeal know that the day before oral argument.

Well, at that point, not like the Court of Appeal will just want to rip up all the work it's done.  It decides the appeal anyway.

Which is not all that surprising.  Justices are people too.

Full post as published by California Appellate Report on September 29, 2010 (boomark / email).