California Court of Appeal

In plaintiff's action contesting the eligibility of defendants for election to positions on the Alameda County Republican Central Committee under Election Code sections 16100(b) and 16440(a), trial court's dismissal of plaintiff's action is reversed where an election of party central committee members is not a primary election, and thus is governed by a 30-day time limit to file a contest to elections other than primary elections. Therefore, plaintiff timely filed the election contest.

Appellate Information

• Decided 09/04/2009
• Published 09/04/2009

Judges

• GRAHAM, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of George G. Benetatos and George G. Benetatos, San Francisco, for Plaintiff and Appellant., Bell, McAndrews & Hiltachk, LLP and Charles H. Bell, Jr., San Diego, for California Republican Party as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Baker & McKenzie LLP and Tod L. Gamlen and Gerald M. Salcido, Palo Alto, for Defendants and Respondents.