Southern Cal.
Drywall Contract Administration Committee v. MDP
Filed 8/3/12 Southern Cal.
Residential Drywall Contract Administration Committee v. MDP California CA2/5
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
SOUTHERN CALIFORNIA
RESIDENTIAL DRYWALL CONTRACT ADMINISTRATION COMMITTEE, INC.,
Plaintiff and Appellant,
v.
MDP CALIFORNIA, INC.,
Defendant and Respondent.
B222801
(Los Angeles
County
Super. Ct.
No. BC405735)
APPEAL from
an order of the Superior Court
of
County, Mark V. Mooney, Judge.
Dismissed.
Hill Farrer
Burrill, Patrick E. Michela and James A. Bowles, for Plaintiff and Appellant.
Rutan &
Tucker, LLP, Shawn Martell Larsen and Brandon L. Sylvia, for Defendant and
Respondent.
Plaintiff, Southern California Residential Drywall
Contract Administration Committee, Inc., has appealed from a judgment in a wage
dispute in favor of defendant, MDP California, Inc. Defendant secured a discharge of the alleged
debt at issue in the bankruptcy court.
We issued an order to show cause re:
dismissal in light of the bankruptcy
discharge order. We have a duty to
raise issues concerning our jurisdiction on our own motion. (Jennings
v. Marralle (1994) 8 Cal.4th 121, 126;
Olson v. Cory (1983) 35 Cal.3d 390, 398.)
We requested briefing and set the cause for argument, which was
waived. The discharge order renders the
appeal moot. (11 U.S.C. § 524(a);
Cal.App.4th 1700, 1704-1705.)
The appeal
is dismissed. Each side is to bear its
own costs on appeal.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER,
P. J.
We concur:
KRIEGLER,
J.
FERNS, J.
the Chief Justice pursuant to article VI, section 6 of the California
Constitution.
