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VARGAS v. BALZ

No. G047591.

223 Cal.App.4th 1544 (2014)

168 Cal. Rptr. 3d 154

STEVEN VARGAS, Plaintiff and Appellant, v. CHERYL BALZ, as City Clerk, etc., et al., Defendants and Respondents; CITY OF BREA et al., Real Parties in Interest and Respondents.

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

February 21, 2014.

Attorney(s) appearing for the Case

Edward M. Teyssier for Plaintiff and Appellant.

Van Susteren Law Group and Adam Van Susteren for Ballotpedia and Californians Aware as Amici Curiae on behalf of Plaintiff and Appellant.

James L. Markman , City Attorney; Richards, Watson & Gershon, Mitchell E. Abbott , Patrick K. Bobko and Byron Miller for Defendant and Respondent Cheryl Balz and for Real Parties in Interest and Respondents.

No appearance for Defendant and Respondent Neal Kelley.

OPINION

FYBEL, J. —

INTRODUCTION

The Brea City Clerk is responsible for transmitting to the Orange County Registrar of Voters all arguments in favor of or in opposition to municipal initiatives. In this case, we hold the city clerk does not have the authority to change an argument, or the accompanying statutorily required signature form identifying the author of the argument, to effectuate what the city clerk

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