Thomas J. McKINNEY, Petitioner,
v.
The SUPERIOR COURT of San Diego County, Respondent;
City of San Diego, et al., Real Party In Interest.
Court of Appeals of California, Fourth District, Division Three.https://leagle.com/images/logo.png
December 7, 2004.
Review Denied January 12, 2005.
Attorney(s) appearing for the Case
John W. Howard, San Diego, Thomas J. McKinney; Neil, Dymott, Brown, Frank & Harrison, Michael I. Neil, San Diego, and James E. Gallegos for Petitioner.
No appearance for Respondent.
Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney and James M. Chapin, Senior Deputy City Attorney, for Real Parties in Interest City of San Diego and Charles Abdelnour.
Robert P. Ottilie, San Diego, for Real Party in Interest Dick Murphy.
Coast Law Group, Rory R. Wicks, San Diego, and Marco A. Gonzalez, Coral Gable, FL, for Real Party in Interest Donna Frye.
John J. Sansone, County Counsel, and Timothy M. Barry, Senior Deputy County Counsel, for Real Parties in Interest County of San Diego and Sally McPherson.
Baker & Hostetler and Jack I. Samet, Los Angeles, for Amicus Curiae Lawrence W. Stirling.
Strumwasser & Woocher, Michael J. Strumwasser, Frederic D. Woocher, Gregory G. Luke and Aimee Dudovitz for Amici Curiae Martha Ready and John T. Ready.
John Witt, San Diego, for Amicus Curiae John Witt.
Court of Appeals of California, Fourth District, Division Three.
OPINION
SILLS, P.J.
I. Introduction
California statutory law enumerates seven specific grounds by which the results of an election can be contested (see Elec. Code, § 161001) so that, under certain circumstances, the election can be set aside and a new election held.2 California case law holds that these seven grounds are the exclusive...
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