Baertschiger v. Leffler

California Court of Appeal Dec 21, 1939 No. Civ. 12308Published

Before: McCOMB

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Holding. The court held that the petition for a writ of mandate sufficiently stated a cause of action and that the Municipal Elective Officers Recall Law is constitutional.

Issues

Does the petition for a writ of mandate state facts sufficient to constitute a cause of action?
Is the Municipal Elective Officers Recall Law violative of any provision of the Constitution of the State of California?

Disposition. affirmed

Quotations verified verbatim against the opinion

“From a reading of the petition it is evident that the essential facts required by the Municipal Elective Officers Recall Law are alleged in the petition”

“The Municipal Elective Officers Recall Law does not violate article I, section 11, of the Constitution of the State of California”

“The Municipal Elective Officers Recall Law is not a special law but rather is a general law, uniformly applying to all who fall within its purview”

McCOMB, J.

This is an appeal from a judgment ordering the issuance of a writ of mandate to respondents requiring them to hold a special election to determine whether the members of the City Council and the City Clerk of the City of El Monte should be recalled.

The petition for writ of mandate alleged as follows:

“I.

“That at all times herein mentioned the City of El Monte was and now is a municipal corporation of the Sixth Class, organized and existing under and by virtue of the laws of the State of California.

“II.

‘‘ That your petitioner now is, and at all times herein men

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tioned has been, over the age of twenty-one years, a citizen of the United States, a resident of the City of El Monte, California, and a duly registered and qualified voter and elector of said City of El Monte, California.

“III.

“That T. O. Graham, C. L. Dickinson, Emil Von Imschoot and Fred R. King are, and at all times herein mentioned have been, the duly elected, qualified and acting members of the City Council of said City, and said Nellie Leffler, T. 0. Graham and C. L. Dickinson have been such members of said City Council for a period of more than sir months prior to the 27th day of October, 1938.

“IV.

That Mrs. Elizabeth M. Baertschiger, Keith F. Cordrey, George W. Garwood, Samuel H. Upton, Mrs. Ida B. Horrell and F. 0. Brugere now are, and at all times herein mentioned have been, qualified electors and voters of said City and reside therein.

“V.

“That on the 27th day of October, 1938, at and in the City of El Monte, California, said Elizabeth M. Baertschiger, Keith F. Cordrey, George W. Garwood, Samuel H. Upton, Mrs. Ida B. Horrell and F. 0. Brugere executed and filed a notice of intention to circulate a petition for the recall of Beatrice E. Darling, City Clerk of said City, who had been the duly elected, qualified and acting City Clerk of said City for a period of more than six months prior thereto, and for the recall of said Nellie Leffler, T. 0. Graham and C. L. Dickinson, as members of said City Council.

Baertschiger v. Leffler

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