If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders?

California, United States of America


The following excerpt is from Monterey Bay Military Hous., LLC v. Ambac Assurance Corp., H044948 (Cal. App. 2019):

1. We note that even if the appeal is moot, the parties could have asked us to consider the appeal. The ongoing nature of the issues addressed by the orders could be a basis for this court to do so. (County of Fresno v. Shelton (1998) 66 Cal.App.4th 996, 1006, as mod. (Sept. 22, 1998).) There is no guarantee, however, that we would have granted that request, especially where other courts are considering similar issues in litigation that is ongoing.

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