ZUMWALT v. SUPERIOR COURT

Docket No. S001618.

49 Cal.3d 167 (1989)

776 P.2d 247

260 Cal. Rptr. 545

ROBERT D. ZUMWALT, as County Clerk, etc., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents; WILLIAM N. PIERCE, as Executive Officer, etc., Real Party in Interest.

Supreme Court of California.

July 31, 1989.


Attorney(s) appearing for the Case

COUNSEL

Alan J. Fulkerson for Petitioner.

Adrian Kuyper, County Counsel (Orange), Richard D. Oviedo, Deputy County Counsel, Patrick J. Borchers and Downey, Brand, Seymour & Rohwer as Amici Curiae on behalf of Petitioner.

Kenneth Andreen, Blumberg, Kerkorian, Andreen, Seng & Ikeda, Lloyd M. Harmon, Jr., County Counsel, Anthony Albers and Daniel J. Wallace, Chief Deputy County Counsel, and Stephen R. Magruder, Deputy County Counsel, for Respondents and Real Party in Interest.

Charles D. Field, Margaret F. Tanaka, Best, Best & Krieger and Deborah Kanter as Amici Curiae on behalf of Respondent.

Alan Carlson, James H. Harmon and Byrd, Sturdevant, Harmon & Pace as Amici Curiae on behalf of Respondents and Real Party in Interest.


OPINION

EAGLESON, J.

Article VI, section 4, of the California Constitution provides, inter alia: "The county clerk is ex officio clerk of the superior court in the county."

We are asked by the County Clerk of San Diego County to review the decision of the Court of Appeal denying his petition for writ of mandate. By that petition he sought to restrain the County of San Diego from...

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