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Court activity on Nov. 14: El-Yorba Linda, LLC vs City Council of the City of Yorba Linda

SOUTHERN CALIFORNIA RECORD

Friday, November 22, 2024

Court activity on Nov. 14: El-Yorba Linda, LLC vs City Council of the City of Yorba Linda

Filings

The California 4th District Court of Appeal reported the following activity in the suit brought by El-Yorba Linda, LLC against City Council of the City of Yorba Linda and City of Yorba Linda on Nov. 14: 'Order Filed. "'"it Is Well Settled That An Appellate Court Will Decide Only Actual Controversies And That A Live Appeal May Be Rendered Moot By Events Occurring After The Notice Of Appeal Was Filed. We Will Not Render Opinions On Moot Questions Or Abstract Propositions, Or Declare Principles Of Law Which Cannot Affect The Matter At Issue On Appeal."'" (jefferson Street Ventures, Llc V. City Of Indio (2015) 236 Cal.app.4th 1175, 1205; See Eye Dog Foundation V. State Board Of Guide Dogs For The Blind (1967) 67 Cal.2d 536, 541.) "'[a]n Appeal Is Moot If "'the Occurrence Of Events Renders It Impossible For The Appellate Court To Grant Appellant Any Effective Relief.'"'" (la Mirada Avenue Neighborhood Assn. Of Hollywood V. City Of Los Angeles (2016) 2 Cal.app.5th 586, 590.)it Appears To This Court That The Appeal Filed By El-yorba Linda, Llc Is Moot Due To The Approval By The Yorba Linda Planning Commission, Which Approval Was Not Appealed By Any Person Or Entity, Of A New Project To Be Developed On The Property At Issue By El-yorba Linda, Llc. The Parties Are Invited To File And Serve Supplemental Letter Briefs Addressing The Above-referenced Issue Within Ten (10) Calendar Days Of The Date Of This Order. All Arguments Should Be Supported By Relevant Legal Authority And Citations To The Appellate Record And/Or The Administrative Record.the Case Remains Scheduled For Oral Argument On December 18, 2019, At 9:30 A.m.'.

Case number G056122 was filed in the California 4th District Court of Appeal on March 23, 2018.

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