California Court of Appeal
Defend Bayview Hunters Point Comm. v. City & County of San Francisco, A119061
Denial of plaintiff's petition for writ of mandate and complaint for injunctive and declaratory relief are affirmed where: 1) plaintiff's petition to force a citywide referendum on a local ordinance did not comply either technically or substantially with Elections Code section 9238; 2) section 9238 as construed by the trial court does not burden free speech; and 3) plaintiff failed to affirmatively show that a clerk committed error by providing plaintiff with a copy of the ordinance and certifying it as "a full, true and correct copy of the original on file".
Appellate Information
- Decided 10/21/2008
- Published 10/21/2008
Judges
- MARGULIES, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- The Grob Law Firm and Michael A. Grob, Sacramento; Oregonians in Action Legal Center and Ross Day for Plaintiff and Appellant.
- For Appellees:
- Dennis J. Herrera, City Attorney, Therese M. Stewart, Chief Deputy City Attorney, Jonathan Givner and Andrew Shen, Deputy City Attorneys for Defendants and Respondents.