California Court of Appeal

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Wilson v. San Luis Obispo County Democratic Central Comm., B209293

Trial court judgment denying plaintiff's petition for writs of mandate and prohibition is affirmed where: 1) the removal clause of the committee bylaws is not invalid despite conflicting with the Elections Code; 2) plaintiff's claims that the removal clause is unconstitutionally vague and that her removal violated her First Amendment and due process rights are rejected as plaintiff did not show that the state action requirement was satisfied; and 3) the expansion of Committee membership in the bylaws to include three classifications not specified in the Elections Code was not unlawful.

Appellate Information

  • Decided 06/29/2009
  • Published 06/29/2009

Judges

  • YEGAN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Dennis D. Law, Andre, Morris & Buttery, A Professional Corporation, San Luis Obispofor Appellant., Deborah B. Caplan, Lance H. Olson and Richard C. Miadich, Olson, Hagel & Fishburn, Sacramento, Amicus Curiae for CA Democratic Party.

  • For Appellees:
  • Saro G. Rizzo and Stewart D. Jenkins, San Luis Obispo, for Respondents.
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