What is the test for dismissing an appeal on mootness grounds?

California, United States of America


The following excerpt is from Larkin v. Ocwen Loan Servicing, LLC, E067513 (Cal. App. 2018):

As this court has recognized, there are exceptions to the requirement that a court must dismiss a moot appeal. "[T]here are three discretionary exceptions to the rules regarding mootness: (1) when the case presents an issue of broad public interest that is likely to recur [citation]; (2) when there may be a recurrence of the controversy between the parties [citation]; and (3) when a material question remains for the court's determination [citation]." (Cucamongans United for Reasonable Expansion v. City of Rancho Cucamonga (2000) 82 Cal.App.4th 473, 479-480.) A court should apply the third exception if dismissal of the present appeal on mootness grounds will prevent a

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