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SONGSTAD v. SUPERIOR COURT

No. D038503.

113 Cal.Rptr.2d 729 (2001)

93 Cal.App.4th 1202

Allan SONGSTAD et al., Petitioners, v. The SUPERIOR COURT of Orange County et al., Respondents; Bruce Nestande et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

As Modified November 26, 2001.

Attorney(s) appearing for the Case

Nossaman, Guthner, Knox & Elliott, Robert D. Thornton, John J. Flynn III, Adam H. Relin, Irvine, Celena H. Chen; Songstad, Randall & Ulich and William D. Coffee, Irvine, for Petitioners Allan Songstad, Bill Campbell, Debbie Cook and Pat Bates.

Songstad, Randall & Ulich and William D. Coffee, Irvine, for Petitioner Mike Alvarez.

Laurence M. Watson, County Counsel, Edward N. Duran, Steven C. Miller and Nicole A. Sims, Deputy County Counsel, for Respondents Laurence M. Watson, County Counsel for the County of Orange and Rosalyn Lever, Registrar of Voters of the County of Orange.

No appearance for Respondent Superior Court of the State of California for the County of Orange.

Strumwasser & Woocher, Fredric D. Woocher and Michael J. Strumwasser, Santa Monica, for Real Parties in Interest.

McDONALD, J.

We here decide whether a voter who opposes a proposed countywide initiative may prevent proponents of that initiative from collecting the signatures needed to qualify it for the ballot based on a contention that the title and summary of the initiative prepared by a county counsel are not impartial or accurate.

I

BACKGROUND

Before proponents of a countywide initiative may begin collecting signatures to qualify it for...

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