Lenahan v. City of Los Angeles

SHENK, J.

This is a motion to dismiss an appeal on the ground that the same has become moot.

On the 14th day of July, 1938, there was filed in the office of the city clerk of the city of Los Angeles a recall petition containing approximately 120,000 signatures and demanding the submission to the electors of the city of Los Angeles of the question whether Frank L. Shaw, the mayor of said city, should be removed from his office and, if recalled, his successor be elected. Pursuant to the duties imposed upon him by the city charter, the city clerk examined the recall petition and ascertained and declared that it contained more than the requisite number of signatures of qualified electors of the city to require that the question be submitted to a vote of the people of the city. Under date of July 26, 1938, he filed a certificate to that effect with the city council. On August 23, 1938, the city council passed an ordinance calling a special election for September 16, 1938. The election was held on that day, resulting in a vote of 236,525 for, and 129,245 against the recall. The vote for the successor was 233,427 in favor of Fletcher Bowron, and 122,692 for Frank L. Shaw. Upon a canvass of the returns the city council, at its meeting of September 23, 1938, declared Frank L. Shaw recalled and Fletcher Bowron elected as mayor.

On August 23, 1938, the plaintiffs brought this action to enjoin the defendant city officials from calling or conducting the recall election. On August 31st, the city attorney, on behalf of the defendants, moved the trial court to strike the complaint from the files and quash the service of summons on the ground that the court had no jurisdiction of the subject-matter of the action. The motion was granted. On September 6, 1938, the plaintiffs herein applied to this court

[131]

for the writ of

mandamus

to compel the superior court to assume jurisdiction of, or proceed with, the injunction suit. The application was denied on September 8, 1938, for the obvious reason that the election would be held long before final action could be taken in the

mandamus

proceeding.