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PENROD v. COUNTY OF SAN BERNARDINO

No. E034908.

23 Cal.Rptr.3d 717 (2005)

126 Cal.App.4th 185

Gary PENROD, as San Bernardino County Sheriff, etc., Plaintiff and Appellant, v. COUNTY OF SAN BERNARDINO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division 2.

January 31, 2005.

Attorney(s) appearing for the Case

Jones & Mayer, Martin J. Mayer, Krista MacNevin Jee, Fullerton, and Dean J. Pucci for Plaintiff and Appellant.

Ronald D. Reitz, County Counsel, and W. Andrew Hartzell, Chief Deputy County Counsel, for Defendant and Respondent.

Steve Cooley, District Attorney, Brent Riggs and William Woods, Deputy District Attorneys, for the County of Los Angeles on behalf of Plaintiff and Appellant.

OPINION

GAUT, J.

1. Introduction

Plaintiff Gary Penrod, the Sheriff of the County of San Bernardino, mounts a facial challenge against Ordinance No. 3875, giving the county board of supervisors the power to remove the sheriff by a four-fifths vote. Penrod's appeal does not involve any actual effort to invoke the removal power. We hold the ordinance is facially constitutional and affirm the summary judgment in favor of the county.

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