California Court of Appeal

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Cook v. Superior Court (Carlson), G040100

In an action seeking to enjoin Debbie Cook, a candidate in the upcoming Democratic primary in the 46th Congressional District, from using the title of "mayor" in her ballot designation on grounds that her election by the city council, and not by the electorate directly, precludes her use of that title, denial of a motion to dismiss the action for lack of jurisdiction is vacated as: 1) under section 13314, the Secretary of State is an "indispensable party"; and 2) case must be dismissed unless the Secretary of State is made a party.

Appellate Information

  • Decided 03/27/2008
  • Published 03/27/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Mark Rosen, Santa Ana;  Strumwasser & Woocher and Frederic D. Woocher, Santa Monica, for Petitioner., Michael J. Schroeder for Real Party in Interest.

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