In re L.V.
The maternal grandmother, Miram V., appeals the January 11, 2009 denial of her Welfare and Institutions Code[1] section 388 petition filed on December 30, 2009. The section 388 petition sought placement of the two children, L.V. and Leslie V., with the maternal grandmother. The section 388 petition was denied because the maternal grandmother had a disqualifying attempted murder arrest. The maternal grandmother appeals from this order contending the alleged arrest is not a disqualifying factor. On August 5, 2010, a full hearing was held on the issue of placement of the two children with the maternal grandmother. This time, it was clear that the maternal grandmother's prior arrest was not a legally disqualifying factor. The juvenile court refused to place the two children with the maternal grandmother. Thus, all of the maternal grandmother's contentions are moot as there has been an on the merits determination the two children should not be placed with her. (Eye Dog Foundation v. State Board of Guide Dogs for the Blind (1967) 67 Cal.2d 536, 541; In re Jessica K. (2000) 79 Cal.App.4th 1313, 1315-1316.)
The appeal is dismissed.
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