In re Ashleigh B.
Filed 9/3/08 In re Ashleigh B. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
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In re ASHLEIGH B., a Person Coming Under the Juvenile Court Law. | |
EL DORADO COUNTY DEPARTMENT OF HUMAN SERVICES, Plaintiff and Respondent, v. ALEXANDER B., Defendant and Appellant. | C058402 (Super. Ct. No. SDP20080006) |
Appellant Alexander B. (father), father of Ashleigh B. (the minor), appeals from an order adjudging the minor a dependent child and continuing removal from appellants custody despite return of the minor to the home under the mothers custody and care. (Welf. & Inst. Code, 360, 361, 395.)
Appellant contends (1) the dispositional order removing
the minor from appellants custody exceeds the juvenile courts jurisdiction; (2) there was insufficient evidence to support
the courts exercise of jurisdiction over the minor; and
(3) the requirement that appellant undergo drug testing was unreasonable.
We take judicial notice of the juvenile courts findings and orders of August 6, 2008 (Evid. Code, 452, subd. (d), 459), which reflect that the juvenile court subsequently terminated supervision, terminated dependency jurisdiction and dismissed the petition in this matter, rendering the issues raised on appeal moot. (See People v. Herrera (2006) 136 Cal.App.4th 1191, 1198 [[a]n action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal in such a case would be without practical effect, and the appeal will therefore be dismissed]; see also In re Robert A. (1992) 4 Cal.App.4th 174, 182.)
DISPOSITION
The appeal is dismissed.
HULL , J.
We concur:
DAVIS , Acting P.J.
NICHOLSON , J.
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