Von Gunten v. Meiners Oaks Water Dist. CA2/6

Filed 9/26/13 Von Gunten v. Meiners Oaks Water Dist. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

ELIZABETH VON GUNTEN, 2d Civil No. B246478 (Super. Ct. No. 56-2012-00422070- Plaintiff and Appellant, CU-PT-VTA) (Ventura County) v.

MEINERS OAKS WATER DISTRICT,

Defendant and Respondent.

Appellant Elizabeth von Gunten was an elected member of the Board of Directors (Board) of respondent Meiners Oaks Water District (MOWD). Shortly after she was reelected for a second term, she moved out of the geographical boundary of MOWD. She was forced off the Board as required by statute and a new director was appointed. Seventeen months later appellant filed a petition for writ of mandamus challenging the Board's decision. The trial court found the delay both unreasonable and prejudicial and denied the petition based on the equitable doctrine of laches. We affirm. FACTUAL AND PROCEDURAL BACKGROUND MOWD is a small county water district serving customers in the Meiners Oaks area of Ventura County. (See Wat. Code, § 30000 et seq.)1 Appellant was elected as a director of the MOWD Board in 2006 and served a four-year term. She was re-

1 All statutory references are to the Water Code unless otherwise stated.

elected in November 2010. A few months later, the Board discovered that appellant had provided a false "residence address" on her declaration of candidacy filed with the Ventura County Clerk and Recorder. She declared that her residence and mailing address was 136 North Poli Avenue in Ojai. Appellant had resided at 132 North Poli Avenue until 2008, when she could no longer afford the rent. She then lived in her vehicle and used her former neighbor's address at 136 North Poli Avenue to receive mail. Appellant claims that 136 North Poli Avenue is her legal residence, even though she only collects mail at that address. Appellant does not dispute MOWD's assertion that she regularly parks her vehicle at a location outside the district. Section 30508 sets forth the continuing residency requirements for directors on California county water boards: "If a director's place of residence, as defined in Section 244 of the Government Code, is moved outside district boundaries . . . , and if within 180 days of the move or of the effective date of this section the director fails to reestablish a place of residence within the district . . . , it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the board of directors . . . ." (See §§ 30500, 30503, 30504.) After learning that appellant had been living outside the district for over three years, the Board questioned whether appellant was qualified to serve as a director and whether she had committed perjury on her declaration of candidacy. At a meeting on March 15, 2011, the Board determined that appellant did not meet the residency requirement and voted to declare the seat vacant. Appellant disputed the decision on the record. Appellant took no further action and a new director was appointed to fill her seat. (See § 30504 ["All vacancies occurring in the office of director shall be filled pursuant to Section 1780 of the Government Code"].) On August 6, 2012, almost 17 months after the Board's decision, appellant filed a petition for writ of mandamus seeking an order reinstating appellant to her elected position. She contended that she met the residency requirement and was wrongfully ejected from the Board. MOWD responded that appellant was properly replaced as a director and also asserted a defense of laches.