PRESERVE SHORECLIFF HOME. v. CITY OF SAN CLEMENTE

No. G038649.

71 Cal.Rptr.3d 332 (2008)

158 Cal.App.4th 1427

PRESERVE SHORECLIFF HOMEOWNERS, Plaintiff and Appellant, v. CITY OF SAN CLEMENTE et al., Defendants and Respondents.

Court of Appeal of California, Fourth District, Division Three.

January 16, 2008.


Attorney(s) appearing for the Case

The Sutton Law Firm, James R. Sutton, Santa Maria, and Gabe Camarillo, for Plaintiff and Appellant.

Strumwasser & Woocher, Frederic D. Woocher, Michael J. Strumwasser and Bryce A. Gee, Santa Monica, for Defendant and Respondent San Clemente Residents for Responsible Government.

Rutan & Tucker, Jeffrey M. Oderman and Noam Duzman, Costa Mesa, for Defendant and Respondent City of San Clemente.

Benjamin P. de Mayo, County Counsel and Wendy J. Phillips, Deputy County Counsel, for Respondent Neal Kelley, Orange County Registrar of Voters.


OPINION

SILLS, P.J.

California has two statutes requiring that all circulators of referendum petitions be qualified to register to vote in the city whose ordinance is the object of the referendum—Elections Code, section 9238, subdivision (c)1 and section 9209.2 In this case involving a challenge to signatures on a referendum petition obtained by a group seeking to have a referendum on an ordinance...

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