California Appellate Tracker

Parkford Owners for a Better Cmty. v. Windeshausen, No. C094419, 2022 Cal. App. LEXIS 619 (Ct. App. July 14, 2022)

July 20, 2022

A judgment is not one “on the merits” entitled to claim or issue preclusive effect if the appeal from the judgment is dismissed solely on the ground that the appeal is moot due to post-judgment events–such as, in this case, completion of the development project that allegedly violated zoning of CEQA requirements. See also Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (2011) 198 Cal.App.4th 939, 943. Even if the trial court ruled on the merits, the ultimate judgment is not on the merits for claim or issue preclusion purposes if it is affirmed on appeal solely on the ground of mootness. The decision distinguishes and refuses to follow (Lyons v. Security Pacific Nat. Bank (1995) 40 Cal.App.4th 1001, 1016-1018.

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California Appellate Tracker

Parkford Owners for a Better Cmty. v. Windeshausen, No. C094419, 2022 Cal. App. LEXIS 619 (Ct. App. July 14, 2022)

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