SUPERIOR COURT OF THE STATE OF CALIFORNIA

Similar documents
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ASSOCIATION S COMPLAINT FOR

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES

SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF TUOLUMNE

WRIT OF ADMINISTRATIVE MANDATE (MANDAMUS)

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DlVISION. Case N O. ANB INJ-BNCTIVE R-Ebl-EFi PEJil'ION - 1 -

IN THE CHANCERY COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS

COMPLAINT FOR DECLARATORY RELIEF AND PETITION FOR WRIT OF MANDAMUS. Introduction

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA. Case No.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER]

Supreme Court of Ohio Clerk of Court - Filed September 03, Case No IN THE SUPREME COURT OF OHIO

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA UNLIMITED JURISDICTION

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF FRESNO UNLIMITED JURISDICTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO

John G. Barisone Atchison, Barisone, Condotti & Kovacevich 333 Church Street Santa Cruz, CA THE INITIATIVE PROCESS AFTER PROPOSITION 218

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO. Case No.: COMPLAINT ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE UNLIMITED JURISDICTION

LEWIS BRISBOIS BISGAARD & SMITH LLP

Attorney for Plaintiff San Diego Police Officers Association SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

Case3:13-cv NC Document1 Filed12/09/13 Page1 of 18

ORANGE COUNTY SUPERIOR COURT CENTRAL JUSTICE CENTER

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT. (Sacramento) ----

Supreme Court of Ohio Clerk of Court - Filed August 19, Case No IN THE SUPREME COURT OF OHIO

INTRODUCTION JURISDICTION VENUE

IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO : : : : : : : : : : : : : : : : : : : : : : : : : : : :

Sequoia Park Associates, a California limited partnership, Petitioner and Plaintiff,

the Sheriff, Contra Costa County and DOES 1-20 seized his medical marijuana and destroyed it

SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY. No.

Writ of Mandate Outline 1 Richard Rothschild Western Center on Law and Poverty , ext. 24;

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA VENTURA MINUTE ORDER

DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street, Denver, Colorado 80202

Case3:15-cv Document1 Filed01/09/15 Page1 of 16

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF WASHINGTON

THE INITIATIVE PROCESS IN THE CITY OF SANTA MONICA (January 2008)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT

Case 2:16-cv DN Document 2 Filed 01/15/16 Page 1 of 30

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

GUIDE TO FILING REFERENDA

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Now comes Plaintiff, the Rhode Island Affiliate, American Civil Liberties Union

COURT OF APPEAL, STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION

17 CRS COMPLAINT. NOW COMES the Plaintiff, by and through counsel, complaining of the Defendants, and states and alleges as follows: PARTIES

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Motion to Expedite Summary Judgment Briefing Schedule

SUPERIOR COURT OF THE STATE OF CALIF'ORr,:A. FOR THE COUNTY OF SAN DIEGO

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES. Plaintiff, Defendants. General of the State of California, hereby alleges as follows:

UNITED STATES DISTRICT COURT

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDATE &C Page 2

CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/26/17

CITY OF OAKLAND OFFICE OF THE CITY ATTORNEY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORANGE COUNTY SUPERIOR COURT CENTRAL JUSTICE CENTER Case No.: CU-WM-CJC. WILLIAM FURNISS, an individual, Petitioner,

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION CASE NO. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO

IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Filing # E-Filed 11/10/ :27:26 PM

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY NAME]

Case 2:15-cv Document 1 Filed 09/30/15 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

LOCAL CLAIMS FILING REGULATIONS

Petitioners, * COURT OF APPEALS. v. * OF MARYLAND. MARIROSE JOAN CAPOZZI, et al., * September Term, Respondents. * Petition Docket No.

Case 5:11-cv OLG-JES-XR Document 95 Filed 08/01/11 Page 1 of 11

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA

Case 2:16-at Document 1 Filed 05/26/16 Page 1 of 10

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

e; SktS5 OFFiec 2011MAY 10 FILED CiffiliAL 4DIVISVt CLEgit-StiPERICR SAW DIEGO COUNTY. CA

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION TWO

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF EL DORADO

10/30/2017 7:04 PM 17CV47399 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) PARTIES

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA

Case3:13-cv WHA Document25 Filed02/26/14 Page1 of 21

Oklahoma Constitution

Courthouse News Service

Case 2:18-cv Document 1 Filed 10/12/18 Page 1 of 7 Page ID #:1

CALIFORNIA SUPERIOR COURT COUNTY OF SAN FRANCISCO

Tentative Rulings for January 27, 2017 Departments 402, 403, 501, 502, 503

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO

Customers with 1 inch meters will see their meter fee reduced $9.08 to $32.49; 3/4 inch meters will be billed at $19.45, a reduction of $6.84.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Appellants/Petitioners, ) LOWER COURT CASE NO. APPELLANT S BRIEF

IN THE CIRCUIT COURT OF COLE COUNTY STATE OF MISSOURI

ORIGINAL PETITION FOR EXPEDITED DECLARATORY AND INJUNCTIVE RELIEF

CALIFORNIA SUPERIOR COURT COUNTY OF SAN FRANCISCO

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

Case 1:17-cv SS Document 1 Filed 12/15/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

FACTS AND PROCEDURAL HISTORY

MEMORANDUM. City Attorney. Deputy City Attorney RE: John Arntz Director of Elections Joshua S. White TO: FROM: Deputy City Attorney

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 1:07-cv MRB Document 6 Filed 11/06/2007 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Transcription:

0 Brian T. Hildreth (SBN ) bhildreth@bmhlaw.com Charles H. Bell, Jr. (SBN 0) cbell@bmhlaw.com Paul T. Gough (SBN 0) pgough@bmhlaw.com BELL, McANDREWS & HILTACHK, LLP Capitol Mall, Suite 00 Sacramento, California Telephone: () - Facsimile: () - Attorneys for Petitioner AARON STARR SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF VENTURA, HALL OF JUSTICE AARON STARR, an individual, v. Petitioner, CITY OF OXNARD, a municipal corporation; STEPHEN FISCHER, in his capacity as Interim City Attorney of the City of Oxnard; and DOES -0, Respondents. CASE NO. VERIFIED PETITION FOR WRIT OF MANDATE [CAL. ELEC. CODE 0 and ; CCP 0., 0; CAL CONST ARTS. XIII C and XIII D]. IMMEDIATE ACTION REQUIRED: ELECTION LAW MATTER ENTITLED TO CALENDAR PREFERENCE PURSUANT TO C.C.P. 0 Petitioner AARON STARR ( Petitioner ) by this Verified Petition, hereby petitions this Court for a Writ of Mandate and alleges as follows: INTRODUCTION. This is a matter compelled by an abject denial of State Constitutionals rights reserved to citizens of California; and compelled further by an unprecedented refusal to perform obligations unambiguously imposed on the City of Oxnard under the California Elections Code.. Petitioner brings his action pursuant to Article XIII C, section of the California Constitution, California Elections Code section, and Code of Civil Procedure section 0, et seq. to compel Respondents CITY OF OXNARD, a municipal corporation, and STEPHEN FISCHER, in his official capacity as legal counsel for the City of Oxnard, to exercise a

0 0 mandatory ministerial duty to issue a title and summary for a proposed ballot initiative measure introduced by Petitioner that seeks the repeal of recently enacted Oxnard Municipal Ordinance No. 0.. Petitioner, who is also the Proponent of the constitutionally-authorized ballot initiative, submitted a duly prepared Notice of Intention to circulate an initiative petition for the purpose of repealing Oxnard Municipal Ordinance No. 0. The ordinance increased wastewater rates charged by the City to customers in the City.. Despite clear authority under the California Constitution allowing voters to pursue such an effort, and a clear direction under the Elections Code mandating the City perform its ministerial duty to process such initiative measures, Oxnard s attorney has refused to perform his mandatory duty and issue a title and summary to Proponent. Without the title and summary, Petitioner/Initiative Proponent is prevented from circulating the initiative petition among voters to gather signatures to qualify the measure for the ballot to present the question to voters.. Prompt action is required by this Court on the instant petition because the City s refusal to act violates unequivocal constitutional rights reserved to Petitioner/Proponent under the California Constitution and the California Elections Code, and prevents Petitioner from collecting the requisite number of signatures to qualify the proposed initiative petition.. Prompt action also is further required by this Court because the significantly increased wastewater rates that are the subject of the proposed initiative petition are presently in effect and water users are currently being charged the increased rates. JURISDICTION AND VENUE. Petitioner AARON STARR is the Proponent of the proposed initiative measure to repeal Oxnard Municipal Ordinance No. 0. As the Proponent of the proposed initiative measure, Petitioner is beneficially interested in the refusal by Oxnard s legal counsel to complete his ministerial duty to issue the title and summary. Petitioner also is an elector within the City of Oxnard.. Respondent, CITY OF OXNARD is a general law city organized under the Constitution of the State of California, located in the County of Ventura;

0 0. STEPHEN FISCHER is the appointed Interim City Attorney of the City of Oxnard, and is the city attorney for the purposes of California Elections Code Sections 0. Respondent is named in his official capacity only.. Plaintiffs are unaware of the true names and capacities of Defendants DOES through 0, inclusive, and therefore sue those parties by such fictitious names. Plaintiffs will seek leave to amend this Complaint to state the true names and capacities of the fictitiously named parties when they have been ascertained. GENERAL ALLEGATIONS 0. On March, 0, Petitioner submitted a duly prepared Notice of Intent to Circulate an Initiative Petition (Exhibit A hereto) for the purpose of repealing Oxnard Municipal Ordinance No. 0, which increased wastewater rates charged to City customers. Along with the Notice of Intention, Proponent submitted a request to forward a copy of the Notice of Intent to the City Attorney so that a title and summary could be prepared. The title and summary must appear on any petitions being circulated to voters. California elections law provides that without a title and summary, no signatures may be collected by initiative proponents.. The California Constitution guarantees the right of the people to exercise local legislative authority by initiative. (Cal. Const. Art. II,.) The right of the people to use their initiative power, as reflected in the California Constitution, is one of the most precious and basic rights of our democratic process. (Pala Band of Mission Indians v. Board of Supervisors of San Diego () Cal.App.th, citing Mervynne v. Acker () Cal.App.d,.). Petitioner s initiative in the present matter is specifically authorized by Article XIII C, section of the California Constitution, which provides: [T]he initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing any local tax, assessment, fee or charge. The power of initiative to affect local taxes, assessments, fees and The City has filed a Complaint for Declaratory Relief (Case No: -0-00-CU-MC- VTA), naming the initiative Proponent as defendant, seeking a declaration that the proposed initiative is unconstitutional and retroactively relieving the City Attorney of his duty to prepare ballot title and summary.

0 0 charges shall be applicable to all local governments and neither the Legislature nor any local government charter shall impose a signature requirement higher than that applicable to statewide statutory initiatives. (Emphasis added.). Importantly, under Elections Code section 0(a), the City Attorney has a ministerial duty to prepare the ballot title and summary and return it to Petitioner within days of the filing of the Notice of Intent and text of the proposed initiative. Elections Code section 0(a) provides in pertinent part: Within days after the proposed measure is filed, the city attorney shall provide and return to the city elections official a ballot title for and summary of the proposed measure. (Emphasis added; see also Schmitz v. Younger () Cal.d 0, [The duty to prepare a ballot title and summary for a proposed initiative is ministerial].). Nonetheless, on March, 0 the City informed Petitioner that the City would not issue a title and summary. This refusal violates the express provisions of Elections Code section 0, and violates Petitioner s right to the initiative process afforded under the California Constitution.. Elections Code section provides that any elector may seek a writ of mandate by alleging that... any neglect of duty has occurred or is about to occur in connection with an election. Moreover, a court may issue a writ of mandate to compel the performance of an act which the law specially enjoins, as a duty resulting from an office... (Code Civ. Proc. 0.) Mandate applies when: () the respondent has a clear, present duty to act; and () the petitioner has a beneficial right to performance of that duty. (People ex. rel. Younger v. County of El Dorado () Cal. d 0,.) Both parts of that test are met in this case. Code Civ. Proc. Procedure 0 provides that when a verified petition is submitted by a party beneficially interested, a writ must issue where there is not a plain, adequate speedy remedy in the ordinary course of law.. Unless ordered to do so, the City Attorney will refuse to issue the requested title and summary, already past due. Petitioner is thus compelled to file the present verified Petition for Writ of Mandate. / / /

0 0 FIRST CAUSE OF ACTION (Writ of Mandate: Public Official s Abuse of Discretion). Petitioner incorporates by reference each and every allegation made in Paragraphs through of this petition as though fully set forth herein.. The City s legal counsel possesses no discretion to refuse to provide a title and summary. Under Elections Code section 0(a), the City Attorney has a ministerial duty to prepare the title and summary and return it to Petitioner within days. Elections Code section 0(a) provides in pertinent part: Within days after the proposed measure is filed, the city attorney shall provide and return to the city elections official a ballot title for and summary of the proposed measure. (Emphasis added.). Petitioner has a clear, present and substantial right to have the City s attorney perform his legal duty to issue the requested title and summary. The City s legal counsel has a ministerial (nondiscretionary) duty to issue the title and summary as required by Elections Code section 0. (See also Schmitz v. Younger () Cal.d 0, [The duty to prepare a ballot title and summary for a proposed initiative is ministerial].) Accordingly, the City Attorney has a present and immediate duty to act as required by law and provide the requested title and summary. 0. Petitioner has no plain, speedy, and adequate remedy in the ordinary course of law other than the relief sought in this Petition because, unless ordered to do so, the City Attorney will refuse to carry out his statutory duty to issue the title and summary relative to Petitioner s duly submitted Notice of Intention to circulate an initiative petition regarding Oxnard Municipal Ordinance No. 0. This refusal will cause injury, not only to Petitioner, but also to the other qualified voters in the City of Oxnard who wish to repeal the City s increase of the fees charged for wastewater service provided by the City.. Petitioner is, thus, compelled to file the present Writ of Mandate as provided in Elections Code section and related provisions. PRAYER FOR RELIEF WHEREFORE, Petitioner AARON STARR prays:. For an alternative writ of mandate ordering Respondent City Attorney and his

0 officers, agents, and all persons acting by, through or in concert with him to immediately issue a Title and Summary in response to Petitioner s Notice of Intent to Circulate an Initiative Petition relative to Oxnard Municipal Ordinance No. 0, or in the alternative, to show cause why he should not be ordered to do so;. For a peremptory writ of mandate ordering the City Attorney and his officers, agents, and all persons acting by, through or in concert with him to immediately issue a Title and Summary in response to Petitioner s Notice of Intent to Circulate an Initiative Petition relative to Oxnard Municipal Ordinance No. 0;. For an award of attorneys fees under Code of Civil Procedure section 0. and costs of this proceeding; and. For such other and further equitable relief as this Court may deem just and proper. 0 DATED: April, 0. Respectfully submitted. BELL, McANDREWS & HILTACHK, LLP BY: BRIAN T. HILDRETH CHARLES H. BELL, JR. PAUL T. GOUGH Attorneys for Petitioner, AARON STARR