California Court of Appeal

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McDonough v. Superior Court (City of San Jose), H038126

A peremptory writ of mandate is issued, directing the superior court to compel the respondents to amend the ballot title and ballot question for San Jose's Measure B in the June 5, 2012 election, where: 1) the title, which used the word "reform," was impermissibly partial, since the word "reform" in both definition and connotation evokes a removal of defects or wrongs; and 2) the suggestion of a wrong that needs to be corrected was repeated in the text with the use of the word "reform"; and 3) the advocacy inherent in the introductory language of the ballot question was partisan and prejudicial.

Appellate Information

  • Decided 04/11/2012
  • Published 04/11/2012

Judges

  • Elia

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Remcho, Johansen & Purcell, Meyers, Nave, Riback, Silver & Wilson