gno.law

Carrillo v. Woodford CA4/1

California Court of Appeal · D062480 · 2013-08-26 · Unpublished

Proceeding
appeal from an order
Trial court
Superior Court of San Diego County · No. EV19722
Trial judge
William C. Gentry, Jr.
Outcome
dismissed — Dismissed.
Area
civil
Panel
Joan K. Irion (author), Richard D. Huffman, Sr., Patricia D. Benke

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T06:50Z · confidence high

The trial court issued a restraining order prohibiting the defendant from possessing a firearm, which expired by its own terms before the appeal was resolved. The Court of Appeal dismissed the appeal as moot because the expiration of the order rendered it impossible to grant the appellant any effectual relief.

Ruling reviewedStandardThe courtThe model
Dismissal of appeal as moot
“Since the restraining order challenged by Woodford has expired, his appeal is moot and must be dismissed.”
unclearcorrectagree with court
The court correctly applied the mootness doctrine, noting that the underlying restraining order had expired, thereby eliminating the possibility of granting the appellant the requested relief (an exemption from the firearm prohibition).

Authorities

  • relied: Environmental Charter High School v. Centinela Valley Union High School Dist. (2004) 122 Cal.App.4th 139 — An appeal by an adverse party is moot if the relief granted by the trial court is temporal and expires before the appeal can be heard.
  • relied: Ebensteiner Co., Inc. v. Chadmar Group (2006) 143 Cal.App.4th 1174 — Appellate courts will not render opinions on moot questions where an event occurs rendering it impossible to grant the appellant any effectual relief.

The appellate opinion: sound — The opinion is procedurally sound as it correctly identifies the expiration of the restraining order as a mootness bar. It relies on standard California authorities to support the dismissal without needing to address the substantive merits of the firearm exemption claim.

How this analysis was made · dispute it

unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:31Z · confidence low

The San Diego Superior Court issued a restraining order against Dustin Woodford that, among other things, barred him from possessing a firearm, and declined to grant him an exemption from that prohibition based on his claimed employment need. On appeal, the Court of Appeal did not reach the merits; it noticed the order had expired by its own terms on June 13, 2013, solicited supplemental briefing on mootness (to which neither party responded), and dismissed the appeal as moot.

Ruling reviewedStandardThe courtThe model
Issuance of restraining order including a firearm prohibition and denial of Woodford's requested employment-based exemption from the firearm prohibition
“Woodford contends the trial court abused its discretion by not granting him an exemption from that prohibition because he needs to carry a firearm as part of his job.”
unclearnot reachedagree with court
The appellate court never evaluated whether the trial court abused its discretion; it dismissed the appeal because the restraining order had expired and no effective relief could be granted. The mootness holding is supported by the cited authorities (Environmental Charter High School and Ebensteiner), which state the general rule that an appeal from temporal relief that has expired is moot. Because the merits were not reached and the opinion contains no facts about the exemption ruling itself, there is no basis to assess the trial court's ruling. The dismissal is consistent with the general rule, especially given that appellant did not respond to the court's invitation to argue that an exception to mootness applied.

Authorities

  • relied: Environmental Charter High School v. Centinela Valley Union High School Dist. (2004) 122 Cal.App.4th 139 — If relief granted by the trial court is temporal and expires before an appeal can be heard, the adverse party's appeal is moot.
  • relied: Ebensteiner Co., Inc. v. Chadmar Group (2006) 143 Cal.App.4th 1174 — Appellate courts will not render opinions on moot questions; when an event occurring during the appeal makes it impossible to grant the appellant any effectual relief, the appeal will be dismissed.

The appellate opinion: sound with gaps — The dismissal rests on the correct general mootness rule, accurately quoted from published authority, and the court gave the parties an opportunity to address mootness, which appellant forfeited by not responding. The opinion does not, however, consider whether any recognized exception to mootness (such as collateral consequences flowing from a restraining order and its firearm prohibition, or issues likely to recur) might apply, which leaves a gap even though no party raised it.

How this analysis was made · dispute it

Opinion

Filed 8/26/13 Carrillo v. Woodford CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS 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.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

ARACELI CARRILLO, D062480

Plaintiff and Respondent, v. (Super. Ct. No. EV19722)

DUSTIN M. WOODFORD, Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, William C.

Gentry, Jr., Judge. Dismissed.

Dustin M. Woodford, in propria persona, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Dustin M. Woodford appeals a restraining order prohibiting him from, among other conduct, possessing a firearm. Woodford contends the trial court abused its discretion by not granting him an exemption from that prohibition because he needs to carry a firearm as part of his job. He asks us to remand the matter to the trial court with directions to modify the restraining order to grant the exemption upon a proper evidentiary showing concerning his employment. We decline Woodford's request and dismiss his appeal as moot.

DISCUSSION

In processing the appeal, we noticed the restraining order expired by its own terms on June 13, 2013. We solicited supplemental letter briefs from the parties on whether the appeal is moot and should be dismissed. Neither party responded.

Under well-established principles, this appeal is moot and must be dismissed. "If relief granted by the trial court is temporal, and if the relief granted expires before an appeal can be heard, then an appeal by the adverse party is moot." (Environmental Charter High School v. Centinela Valley Union High School Dist. (2004) 122 Cal.App.4th 139, 144.) "[A]ppellate courts as a rule will not render opinions on moot questions: '[W]hen, pending an appeal from the judgment of a lower court, and without fault of the [respondent], an event occurs which renders it impossible for [the reviewing court] if it should decide the case in favor of [appellant], to grant [appellant] any effectual relief whatever, the court will not proceed to a formal judgment, but will dismiss the appeal.' " (Ebensteiner Co., Inc. v. Chadmar Group (2006) 143 Cal.App.4th 1174, 1178- 1179.) Since the restraining order challenged by Woodford has expired, his appeal is moot and must be dismissed.

2 DISPOSITION

The appeal is dismissed.

IRION, J.

WE CONCUR:

BENKE, Acting P. J.

HUFFMAN, J.

Cites, in this corpus