Protect Kids California v. Bonta CA3

Filed 8/25/25 Protect Kids California v. Bonta CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

PROTECT KIDS CALIFORNIA et al., C101480

Plaintiffs and Appellants, (Super. Ct. No. 24WM000034)

v.

ROB BONTA, as Attorney General, etc.,

Defendant and Respondent.

Protect Kids California and Jonathan Zachreson (petitioners) filed a petition for writ of mandate in the superior court seeking an order requiring the Attorney General to rescind the circulating title and summary prepared for their proposed ballot initiative measure concerning transgender minors and to replace them with a different title and summary. After the superior court denied their mandate petition, petitioners appealed. We dismiss the appeal as moot. BACKGROUND In September 2023, petitioners submitted a proposed initiative (the Initiative) to the Attorney General that sought, inter alia, codification of certain findings and declarations regarding “students struggling with gender related issues” and changes to the Education Code. On November 29, 2023, the Attorney General issued the following

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circulating title and summary of the Initiative: “RESTRICTS RIGHTS OF TRANSGENDER YOUTH. INITIATIVE STATUTE. [¶] Requires public and private schools and colleges to: restrict gender-segregated facilities like bathrooms to persons assigned that gender at birth; prohibit transgender female students (grades 7+) from participating in female sports. Repeals law allowing students to participate in activities and use facilities consistent with their gender identity. [¶] Requires schools to notify parents whenever a student under 18 asks to be treated as a gender differing from school records without exception for student safety. [¶] Prohibits gender-affirming health care for transgender patients under 18, even if parents consent or treatment is medically recommended.” (Bullet points omitted.) The next day, the Secretary of State released a “circulating and filing schedule” (capitalization omitted) for the Initiative, which explained that—using the Attorney General’s title and summary—petitioners could seek, through May 28, 2024, to obtain the signatures of registered California voters needed to qualify the Initiative for the statewide ballot. (See Elec. Code, § 9014, subd. (b) [explaining that a petition with signatures for a proposed initiative measure must be filed with county elections official within 180 days from the “official summary date”].) About 10 weeks later, on February 13, 2024, petitioners filed a petition for writ of mandate in the superior court, contending the Attorney General’s title and summary violated sections 9004 and 9051 of the Elections Code, because of a “misleading, false, and prejudicial title,” and “an inaccurate . . . and prejudicial summary.” Petitioners sought a preferential hearing schedule1 and issuance of a writ (1) enjoining the Attorney General from “continuing to use” the circulating title and summary that he generated in November 2023 and (2) ordering him to replace those texts with more “neutral” language.